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Lecture notes, cheat sheets
Family law. Lecture notes: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
Accepted abbreviations 1. Regulatory legal actsConstitution - The Constitution of the Russian Federation, adopted by popular vote on 12.12.1993/XNUMX/XNUMX. GC - Civil Code of the Russian Federation: part one dated November 30.11.1994, 51 No. 26.01.1996-FZ; part two dated January 14, 26.11.2001 No. 146-FZ; part three of November XNUMX, XNUMX No. XNUMX-FZ. Civil Code of the RSFSR - The Civil Code of the RSFSR, approved by the Supreme Council of the RSFSR on 11.06.1964/XNUMX/XNUMX. GIC - Civil Procedure Code of the Russian Federation dated November 14.11.2002, 138 No. XNUMX-FZ. CAO - Code of the Russian Federation on Administrative Offenses dated December 30.12.2001, 195 No. XNUMX-FZ. UK - Family Code of the Russian Federation dated December 29.12.1995, 223 No. XNUMX-FZ. PEC - The Penal Code of the Russian Federation dated 08.01.1997 No. 1-FZ. Criminal - Criminal Code of the Russian Federation No. 13.06.1996-FZ dated June 63, XNUMX. Civil Status Act - Federal Law of November 15.11.1997, 143 No. XNUMX-FZ "On acts of civil status" 2. Other abbreviationsch. - chapter(s) registry office - civil registry office n. - point(s) sec. - section(s) RF - Russian Federation Art. - article(s) hours - part(s) Topic 1. Basic provisions of the science of family law 1.1. Concept, subject and tasks of family law Family law is one of the main branches of Russian law. It includes family law proper, science and academic discipline of family law. The task of family law is to protect the family, motherhood, fatherhood and childhood. Family law is aimed at strengthening the family, building family relations on feelings of mutual love and respect, mutual assistance and responsibility to its members, the inadmissibility of anyone interfering in family affairs, ensuring the unimpeded exercise of their rights by family members, the possibility of judicial protection of these rights (clause 1 article 1 UK). Family law regulates a special type of social relations - relations between people in connection with marriage, the creation of a family, the birth and upbringing of children. The totality of these relationships is the subject of family law. Accordingly, the subject of family law is social relations arising from marriage, consanguinity, adoption of children for upbringing in a family. Public relations regulated by family law are subdivided according to their social essence into personal non-property and property relations. The circle of relations that are regulated by the norms of family law is determined in the UK. Yes, Art. 2 of the SC refers to the subject of family law the establishment of conditions and procedures for entering into marriage, termination of marriage and declaring it invalid; regulation of personal non-property and property relations between family members: spouses, parents and children, as well as between other relatives and other persons (in cases and within the limits established by family law); determination of the form and procedure for placing children left without parental care in a family. The family is one of the most important institutions of society. It affects the development of the personality of any person, and especially minor children. The nature of the family, the degree of its material well-being, spiritual and moral health largely determine the fate of a person, his social and labor activity, and a responsible attitude to raising his own children. In the Russian Federation, the family, motherhood and childhood are under the protection of the state, which is enshrined in Art. 38 of the Constitution. The state is obliged to take care of the family by adopting legislative acts in the field of family law, various measures for its social support, ensuring the rights and interests of family members. The norms of family law are imperative in nature and are aimed at establishing such relations in the family in which the interests of the individual would be fully satisfied and the necessary conditions would be created for the upbringing of children, a decent life and the free development of each of its members. Relations in the family between its members are among those where the possibilities of applying legal norms are significantly limited. These relations are determined mainly not by law, but by moral, moral rules. When adopting laws in the field of family law, the legislature seeks, as far as possible, not to interfere in the purely personal relations of citizens, limiting itself to establishing only such mandatory rules (legal norms) that are necessary to strengthen the family, exercise and protect the rights and legitimate interests of all its members. It can be said that in the field of personal relations, law determines the boundaries of the beginning and end of these relations: the conditions for entering into marriage, termination of marriage, establishing paternity, deprivation of parental rights, etc. The law also establishes some general imperative prohibitions, the framework within which personal family relations, and their very content is outside the scope of legal regulation. For example, the law does not define the forms and methods of raising children, but prohibits the abuse of these rights. The personal non-property relations of spouses are even less regulated by law: the law does not determine the ways of their enforcement, it does not even contain general boundaries for the exercise of these rights by spouses. As you can see, property relations in the subject of family law are given more space than personal non-property relations. This shows the similarity of the area of law we are considering with the subject of civil law. Thus, family law is a set of legal norms governing personal non-property and property family relations arising from marriage and kinship, and relations equated by law with family ones in order to protect and strengthen the family, the rights and interests of its members. 1.2. Family law method Family law is characterized by methods of legal regulation of family relations, which together form what is usually called the method of legal regulation in legal science. The method of family law regulation is a set of techniques and methods by which family law norms influence social relations that are the subject of legal regulation. The family law method is imperative. This is expressed in the fact that in most cases the state provides an opportunity for participants in family legal relations to choose their own model of behavior, reserving the right to determine the scope of appropriate behavior in imperative prescriptions. In many institutions of family law, regulation is possible only with the help of imperative norms. These are, for example, such institutions that determine the application of measures of family legal responsibility and protection, such as the rules on deprivation of parental rights, on the selection of children without deprivation of parental rights, on the abolition of adoption, and the recognition of marriage as invalid. The family law method is not just imperative, but imperative and permissive. The permissive nature is manifested in the fact that family law is dominated by empowering norms that give participants in family relations certain rights,[1] however, these rights are determined imperatively. Thus, no one can be forced to marry or divorce, but the procedure for concluding and dissolving a marriage is determined by law. In addition, the family law method has a dispositive beginning. Dispositivity means the ability to choose one behavior option from several possible ones provided by law. Thus, the state does not impose its will on the participants in family legal relations, but only protects and protects their legitimate rights and interests. The method of family law regulation has characteristic features. These include: a) the legal equality of participants in family legal relations, which is manifested in the absence of their imperious subordination to each other; b) the autonomy of the will of the participants in family legal relations, it lies in the fact that the will of one of the participants in family legal relations does not depend on the will of the other. The legal method of regulating family relations is also characterized by the fact that the rules of family law establish the relationship and interdependence of the rights and obligations of specific participants (subjects) of these relations - family members, who, exercising these rights and obligations, must be guided by the interests of the family, respect the interests of minors and disabled its members. The specificity of the method of regulating family relations lies in the inalienability of the rights belonging to their subjects, the possibility of changing the scope of these rights and obligations by agreement only in strictly limited cases (a marriage contract and an agreement on the payment of alimony) and within the limits specified by law. Basically, the norms governing family relations are imperative (mandatory) in nature. Ways to regulate family relations are divided into prohibitions, permissions, rules-explanations and prescriptions for certain actions (see Fig. 1). Prohibitions are clearly expressed in legal acts, have certainty and apply to specific actions and deeds. Depending on the form of their expression, prohibitions are divided into direct and indirect. Direct prohibitions are those in which the will of the legislator is expressed clearly and openly. Deviations from direct prohibitions are possible in cases provided for by law. Thus, the adoption of brothers and sisters by different persons is not allowed, except in cases where this does not contradict the interests of the children. Indirect prohibitions are prohibitions, from the content of which a conclusion follows about the inadmissibility of any actions. Exceptions to indirect prohibitions are provided by law. For example, a marriage is concluded after a month from the date of filing an application with the registry office, but if there are valid reasons, this period may be reduced or extended. Permissions are permissions to perform actions enshrined in the rule of law. Permissions, except for participants in family relations, are addressed to law enforcement authorities (court, guardianship and guardianship authorities). Permissions can also be direct and indirect. In direct permissions, permissions to perform actions are expressed openly. For example, the law provides an opportunity to conclude a marriage contract both before the registration of marriage and during the marriage. Indirect permissions are instructions, the content of which indicates the possibility of a certain behavior. So, the father and mother, who are married, are recorded as the child's parents at the request of any of them. 1.3. Family law principles The principles of family law are the fundamental principles and guiding ideas fixed by the current family legislation, in accordance with which personal and property family relations are regulated by family law. The principles are based on the provisions enshrined in the Constitution and proceed from the goals of the legal regulation of family relations in the Russian Federation. The goals of the legal regulation of family relations are to strengthen the family, to build family relations on feelings of mutual love and respect, mutual assistance and responsibility to the family of all its members. The main principles of family law include the following. 1. Recognition of a marriage concluded only in the registry office (clause 2, article 1 of the UK). This principle is based on the constitutional principle of family protection by the state (Article 38 of the Constitution). Not every union of a man and a woman is recognized as marriage, but only the union that has received state recognition in the form of state registration of its conclusion in the registry office. By the act of registering the conclusion of marriage, the state confirms that this union receives public recognition and protection as satisfying the requirements for the validity of marriage. Legislation recognizes only civil (secular) marriage concluded in the registry office; the presence of citizens in de facto marital relations or the conclusion of a marriage according to religious rites is a personal matter of each citizen, but does not entail any legal consequences of a legal (valid) marriage. 2. Voluntariness of the marriage union of a man and a woman (clause 3, article 1 of the UK). Marriage is recognized as a free, voluntary and equal union of a man and a woman, built on the principles of monogamy (monogamy). The choice of a spouse and entry into marriage depend solely on the will of the persons entering into it, and are not related to the consent or permission of other persons. Compulsion to enter into marriage leads to the recognition of the marriage as invalid. 3. Equality of spouses in the family (clause 3, article 1 of the UK). This principle is based on the constitutional principle of equal rights and freedoms for men and women and equal opportunities for their realization (Article 19 of the Constitution). Equality of spouses in the family is not only enshrined as a principle of family law, but is manifested and guaranteed in the regulation of specific family relations between spouses, parents and children. 4. Resolution of intra-family issues by mutual agreement (clause 3, article 1 of the UK). This principle is closely related to the principle of equality of spouses, its main expression is the content of Art. 31 of the UK, which, in particular, establishes that all issues of family life are resolved by the spouses jointly, that is, by mutual agreement. This principle is also manifested in other norms of family law: for example, in accordance with Art. 65 of the UK, all issues related to the upbringing and education of children are resolved by their parents by mutual agreement. 5. The priority of family upbringing of children, concern for their well-being and development, ensuring priority protection of their rights and interests. This principle reflects the position enshrined in Art. 38 of the Constitution, which states that caring for children, their upbringing is an equal right and duty of parents. A child in a family is recognized as an independent subject of law, and not a dependent object of parental authority. The interests of children are the main criterion in resolving all controversial issues related to their life and upbringing. In the UK there is a special section. VI, dedicated to the legal forms of raising children left without parental care. It gives priority to the family upbringing of such children (Article 123) and contains detailed regulation of various forms of family upbringing - adoption, guardianship and guardianship, and a foster family. 6. Ensuring priority protection of the rights and interests of disabled family members. In accordance with this principle, able-bodied adult children are obliged to support their disabled parents in need of assistance (Article 87 of the UK). If children refuse to voluntarily provide such support, then parents have the right to demand that the necessary funds be obtained through the courts. If disabled parents have a serious illness, injury, etc., adult children can be involved by the court in bearing additional (in excess of alimony) expenses (for the purchase of medicines, medical equipment, remuneration of persons caring for elderly parents, disabled parents etc.) caused by these circumstances (Article 88 UK). The disabled needy spouse also has the right to alimony (Article 89 UK), and under certain conditions, the former disabled spouse (Article 9 ° UK). These interests of a disabled spouse are also taken into account in the rules governing the division of the common property of the spouses (Articles 38, 39 of the UK). So, in case of divorce and division of common property (property acquired by spouses in marriage), a disabled spouse has the right to claim an increase in his share in this property, since he needs to meet the needs associated with his limited abilities. 7. Like all institutions of law, family law is based on the constitutional principle of equality of all citizens, regardless of race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances (Article 19 of the Constitution). Based on this principle, when entering into marriage and in family relations, any form (direct or indirect) of restricting the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited. At the same time, there is a small exception to this principle. In Art. 55 of the Constitution states that the restriction of the rights of citizens in the family is allowed only to the extent necessary to protect the morality, health, rights and legitimate interests of other family members and other citizens, subject to the establishment of restrictions in the law. For example, in order to protect the health of a pregnant woman or a nursing mother and an infant, Art. Article 17 of the UK limits the husband's right to file for divorce during the wife's pregnancy and within one year after the birth of the child. 1.4. Sources of family law Forms of expression of legal norms are recognized as sources of law. In accordance with Art. 72 of the Constitution, family law is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, which is also enshrined in paragraph 1 of Art. 3 SC. Family law includes the Family Code, other federal laws adopted in accordance with this Code, as well as the laws of the constituent entities of the Russian Federation. Taking into account the dominant role of the Constitution in the legal system of Russia, all laws and other legal acts adopted in the Russian Federation, including those on the regulation of marriage and family relations, must not contradict the provisions of the Constitution. The main source of family law is the Family Code of the Russian Federation. It was adopted by the State Duma on December 8, 1995 and entered into force (with the exception of certain provisions) on March 1, 1996. The Family Code covers a wide range of family relations, introduces contractual regulation of a number of relations between family members. The Civil Code of the Russian Federation regulates personal non-property, hereditary and other public relations. Other federal laws adopted in accordance with the UK are also sources of family law. For example, to deepen the norms established in sec. VI SC "Forms of education of children left without parental care", adopted Federal Laws of December 21.12.1996, 159 No. 24.07.1998-FZ "On additional guarantees for the social protection of orphans and children left without parental care", dated July 124, 24.06.1999 No. 120- Federal Law "On the Basic Guarantees of the Rights of the Child in the Russian Federation", dated June XNUMX, XNUMX No. XNUMX-FZ "On the Fundamentals of the System for the Prevention of Neglect and Juvenile Delinquency". The laws of the subjects of the Russian Federation also belong to the sources of family law. These laws regulate family relations on issues directly assigned by the IC to the jurisdiction of the constituent entities of the Russian Federation, for example, establishing the procedure and conditions under which marriage may be allowed as an exception before reaching the age of 16 (clause 2, article 13 of the IC), choice spouses of a double surname at marriage (clause 1, article 32 of the UK), assigning a surname and patronymic to a child (clauses 2, 3 of article 58 of the UK), organization and activities of local governments for the implementation of guardianship and guardianship of children left without care parents (clause 2, article 121 of the UK), determining additional forms of placement of children left without parental care compared to the UK (clause 1 of article 123 of the UK), establishing the amount of remuneration for foster parents and benefits provided to a foster family (clause 1 of article 152 of the UK). 2 article 3 UK). The laws of the constituent entities of the Russian Federation may also be adopted on issues not directly regulated in the IC, especially in terms of supplementing and developing by the constituent entities of the Russian Federation and local governments the minimum social guarantees and benefits granted to the family by federal legislation. However, in any case, these laws should not contradict the UK (clause XNUMX, article XNUMX of the UK) and other federal laws: if there are contradictions between them, the UK or the federal law is subject to application. In addition, the sources of family law include normative legal acts regulating family relations: - Decrees of the President of the Russian Federation, which, according to paragraph 2 of Art. 90 of the Constitution are binding on the entire territory of the Russian Federation. Basically, decrees of the President of the Russian Federation approve measures at the national level that are of a complex nature (for example, federal targeted programs on various issues of protecting the family, motherhood and childhood), or define conceptual approaches to solving problems in this area; - Decrees of the Government of the Russian Federation, which are adopted on the basis of and in pursuance of the UK, other federal laws and decrees of the President of the Russian Federation. In particular, decrees of the Government of the Russian Federation may be issued regarding the determination of the types of earnings and other income from which alimony for minor children is deducted (Article 82 of the UK), determining the procedure for placing children up for adoption, as well as monitoring the living conditions and upbringing of children in families of adoptive parents on the territory of the Russian Federation (clause 2, article 125 of the UK), establishing a list of diseases in the presence of which a person cannot adopt a child, take him under guardianship (guardianship), take him into a foster family (article 127 of the UK), determine the procedure and the amount of payment to the guardian of funds for the maintenance of the child (Article 15 ° UK), approval of the regulations on the foster family (Article 151 UK), determining the procedure for payment and the amount of funds for the maintenance of the child in the foster family (Article 155 UK), etc. .; - acts of federal executive authorities. Departmental normative acts affecting relations governed by family law may be issued only on the basis of, on behalf of, and in pursuance of decrees of the Government of the Russian Federation. An example is the order of the Ministry of Health of Russia dated September 10.09.1996, 332 No. XNUMX "On the procedure for medical examination of citizens wishing to become adoptive parents, guardians (trustees) or adoptive parents"; - Decisions of the Plenum of the Supreme Court of the Russian Federation. These acts are not direct sources of family law, but they are important for the correct application of family law. As an example, we can cite the decisions of the Plenum of the Supreme Court of the Russian Federation of October 25.10.1996, 9 No. 04.07.1997 "On the application by the courts of the Family Code of the Russian Federation when considering cases on establishing paternity and on the recovery of alimony", dated 9 No. 27.05.1998 "On the application of legislation by the courts when considering cases on establishing adoption", dated 10 No. 05.11.1998 "On the application of legislation by the courts in resolving disputes related to the upbringing of children", dated 15 No. XNUMX "On the application of legislation by the courts when considering cases of divorce". In Art. Article 6 of the UK enshrines the principle established by the Constitution of the priority application of the rules of an international treaty of the Russian Federation in the event of inconsistency with the norms of family law. In accordance with paragraph 4 of Art. 15 of the Constitution, two categories of international legal norms are introduced into the legal system of the Russian Federation: 1) universally recognized principles and norms of international law, which include principles and norms established and recognized by the international community of states, i.e. binding on all its members; 2) international treaties of the Russian Federation, including interstate, intergovernmental treaties and treaties of an interdepartmental nature, regardless of type and name, concluded both with foreign states and with international organizations. In the event of a discrepancy between certain provisions of family law and the rules of an international treaty to which the Russian Federation is a party, or with generally recognized norms of international law, the rules established by this treaty or norms shall apply. International legal acts also refer to the sources of family law. The main ones are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Vienna Declaration and Program of Action of the World Conference on Human Rights, the Beijing Declaration and Platform for Action 4th World Conference on the Status of Women, as well as documents of the International Labor Organization, the World Health Organization, the UN Children's Fund and other international organizations, the Convention of the CIS Member States on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters. Thus, the sources of family law constitute a certain hierarchy, in which the leading role is occupied by international legal acts and the Constitution of the Russian Federation, and the rest of the sources are published only on the basis and in pursuance of them. 1.5. Family law in the system of law of the Russian Federation and its relationship with civil law As already mentioned, family relations between its members (family relations) are among those where the possibilities of applying legal norms are significantly limited. This is due to the personal-trusting nature of family relationships. They are determined mainly not by law, but by moral, moral rules. When adopting relevant laws, the state seeks, as far as possible, not to interfere in the purely personal relations of citizens, but is limited only to the establishment of such mandatory rules (legal norms) that are necessary to strengthen the family, exercise and protect the rights and legitimate interests of all its members. Family law regulates a special type of social relations - relations between people in connection with marriage, the creation of a family, the birth and upbringing of children. The totality of these relations is the subject of family law, which is an independent branch of Russian law. The circle of those relations that are regulated by the norms of family law (that is, the subject of family law) is defined directly in the law - the Family Code of the Russian Federation. Article 2 of the UK refers to the subject of family law the establishment of conditions and procedures for marriage, termination of marriage and its recognition as invalid; regulation of personal non-property and property relations between family members: spouses, parents and children, as well as between other relatives and other persons (in cases and within the limits established by family law); determination of the form and procedure for placing children left without parental care in a family. Thus, family law is a set of legal norms governing personal non-property and property family relations arising from marriage and kinship, and relations equated by law with family ones in order to protect and strengthen the family, the rights and interests of its members. Outside the legal regulation of family law are the relationship between the family and the state. These relations are regulated by the norms of other branches of Russian law: on the protection of the health of citizens, social security, education, etc. In a number of countries, family law is a branch of civil law. In the Russian Federation, the previous legislation allowed the regulation of family relations by the norms of civil law only in the case of a direct indication of the law. So, in Art. 2 of the Civil Code of the RSFSR of 1964, it was stated that family relations are regulated exclusively by family law. Additional application of civil law to family relations, although it was not provided for by law, was allowed in certain cases, since family law lacked many concepts and institutions that needed to be borrowed from civil law (for example, limitation of actions, contract law, guardianship and trusteeship ). The Family Code, adopted in 1995, allows almost unlimited application of civil law in family law (Article 54). The grounds for such an application are the following considerations: 1) the absence of family law norms governing relations between family members, and the existence of civil law governing these relations; 2) family relations are a kind of relations regulated by civil law, which have a number of specific features, i.e., the norms of civil law correlate with the norms of family law as general and special. There is the following procedure for applying civil law norms to family relations: if there are special rules of family law, family relations are regulated by them; if not, then the general civil law rules apply. The only restriction here is imposed by the need to avoid contradictions between the norms of civil law and the essence of family relations. In addition, the SC contains direct references to entire institutions of civil law: limitation of actions, contract law, guardianship and guardianship. For example, a prenuptial agreement is governed by the general rules of civil contract law, while family law contains provisions regulating its specifics. The norms of the Civil Code are, as it were, a subsidiary (additional) source of family law, used to regulate those family relations that are not regulated by family law. In accordance with Art. 4 of the UK, the norms of the Civil Code apply to family relations insofar as they do not contradict the essence of family relations. If there are no such norms, then the analogy of law or law is used - both family and civil (Article 5 of the UK). The application of civil law norms by analogy with the law may be limited if this contradicts the essence of regulated family relations. Thus, civil law is applied in this case on an equal footing with family law. At the same time, it is possible to apply the rules of family and civil law governing similar relations, both in aggregate and separately. Family norms have no priority over civil norms. When choosing applicable rules, one should be guided by which of them regulate relations that are closest in nature to those that require settlement. Topic 2. Family legal relations 2.1. The concept of family relations Family legal relations are volitional personal non-property or property relations defined by family law and regulated by family law, and in certain cases by civil law, in which the participants are legally bound by the presence of mutual subjective rights and obligations. Family legal relations arise as a result of the impact of family law on the social relations they regulate. Various family legal relations can be regulated not only by the norms of family law, but also by other branches of law. Thus, family relations can be called legal relations that arise, change and terminate from legal facts taken into account exclusively by family law. The following must occur before a family relationship arises: 1) publication of norms governing these social relations (normative prerequisites); 2) endowing subjects with legal capacity, allowing them to be bearers of rights and obligations provided for in legal norms (legal prerequisites); 3) the presence of relevant legal facts with which the norms associate the emergence of these legal relations (legal and factual prerequisites). Family legal relations have the same properties as legal relations of all branches of law: ? they are of a public nature; ? they are based on law; ? there is an inextricable link between family legal relations and legal norms, which are the regulatory framework for their emergence, change and termination; ? there is a connection between mutual legal rights and obligations that arise for subjects of law upon the occurrence of certain legal facts; ? they are of a volitional nature, that is, they are associated with the will of the state, expressed in law by the individual will of its participants (the psychological mechanism of the operation of law). Family relations also have their own specific features: ? they do not regulate all family relations, but only a certain part specified in the UK; ? the subjects of family legal relations are legally equal to each other; ? there is a limited circle of subjects of family legal relations; ? it is possible to establish family legal relations by agreement of the parties; ? they are of a personal nature. Classification of family legal relations can be carried out on various grounds. So, based on their content, family legal relations can be divided into: - personal (non-property); - property. According to the specifics of the content, legal relations are distinguished: - matrimonial; - parental. According to the subject composition, family legal relations are differentiated: - for complex, i.e., consisting of three participants. This is the relationship between: - parents and minor children; - parents and adult children; - simple, i.e., consisting of two participants. This is the relationship between: - spouses; - former spouses. Depending on the distribution of rights and obligations, family legal relations can be: - unilateral; - bilateral. Depending on how individualized they are, family legal relations are: - relative, in which all participants in the legal relationship are identified by name; - absolute (not typical for family law), in which only one side of the legal relationship is individualized. Purely absolute legal relations are not typical for family law. The relations of common property in family law are not purely absolute: in relation to all third parties they act as absolute, but in relations between co-owners they appear as relative.[2] More typical for family law are purely relative legal relations and relative legal relations with the absolute nature of protection. The first variety includes, for example, maintenance obligations, the second - the rights of parents to raise children. Legal relations between parents and children are relative in their structure: strictly defined subjects participate in them - a parent and a child, but by the nature of protection they have signs of absolute legal relations, and all persons are obliged to refrain from violating them.[3] Depending on the presence of public interest, family legal relations are differentiated: - regulated imperatively (for example, related to adoption); - relations in which there is a public interest, but the implementation of rights and obligations, as well as the initiative of protection, are under the jurisdiction of the participants (for example, alimony legal relations); - relations in which there is no public interest; these relations are carried out only on dispositive principles. Family law is based on personal relationships between family members. They largely determine the content of property relations in the family (concerning the common property of the spouses, the payment of funds for the maintenance of children, parents, spouses and other family members). Thus, the direct content of family legal relations is the rights and obligations of the subjects of these legal relations. The scope of their rights and obligations is specified in the rules of family law governing certain family relations: marriage and termination, personal and property relations between spouses, relations between parents and children in the family, alimony relations between various family members, relations between adoptive parents and adopted children. children, etc. 2.2. Subject of family legal relations The family is an independent subject of law. The family is primarily a social phenomenon. In a sociological sense, a family is a small social group of people united by consanguinity and other equivalent ties, as well as mutual rights and obligations. The current legislation does not contain a legal definition of a family, but if we analyze family legislation, we can conclude the following: a family is an association, as a rule, of persons living together, bound by mutual rights and obligations arising from marriage, kinship, adoption or other form of placement of children for family upbringing. Along with the term "family" in family law, the term "family member" is used. There is also no legal definition of this concept. An analysis of the current family legislation allows us to conclude that the term "family member" is used in relation to persons bound by family rights and obligations. These may be persons living in the same family, members of different families (brothers and sisters), former family members (divorced spouses). The family performs the following main functions: - reproductive (procreation); - educational; - economic and economic; - recreational (mutual moral and material support); - communicative (communication). Thus, the family is a system of social, biological, economic, moral and other social relations arising from a special kind of activity: the birth and upbringing of children, the maintenance of a common household. Sociologists say that a family is a small social group with historically defined organizations, whose members are connected by marriage (family) relations, common life and mutual moral responsibility, the social necessity of which is due to the need of society for the physical and spiritual reproduction of the population. The social functions of the family are: - demographic - childbearing, life preservation; - economic - creation and maintenance of a certain level of material base, which guarantees the needs of family members; - cultural and informational - personality formation, socialization of children. The subjects of family legal relations are citizens (family members). Their family legal personality is revealed through legal capacity and legal capacity. Family legal capacity refers to the ability of a person to have family rights and obligations. It arises in a person from the moment of birth, but its volume changes with the age of the subject of a family legal relationship (for example, the right to marry, adopt a child, and a number of others appear upon reaching the age of majority, i.e. at 18 years old). Family legal capacity is understood as the ability of a person to acquire and exercise family rights and obligations through his actions. At the same time, legal capacity is not a necessary prerequisite for the emergence of family legal relations. The emergence of a number of legal relations occurs regardless of the will of the person. Such, for example, are the legal relations between parents and minors (under 14 years old) children. Family law does not indicate the age at which full family legal capacity arises, since it does not always matter for the emergence of a family legal relationship. Most often, this age coincides with the moment of the emergence of legal capacity (for example, the opportunity to marry arises simultaneously with the achievement of a citizen of marriageable age). Not always the emergence of full capacity in the field of civil law should automatically lead to the recognition of full family capacity. Article 27 of the Civil Code provides for the possibility of emancipation of a minor who has reached the age of 16, while he becomes fully capable. However, the volume of family capacity to a certain extent depends on the volume of civil capacity. So, when a citizen is deprived of civil capacity by a court due to a mental disorder, he also loses family capacity: he does not have the right to marry, be an adoptive parent, guardian (custodian), foster parent.[4] Thus, family legal relations (rights and obligations) arise between the following subjects (family members): spouses, parents and children, brothers and sisters (half and half), grandfather (grandmother) and grandchildren (granddaughters), as well as between persons who have adopted for the upbringing of children (by adoptive parents, guardians (custodians), foster parents, actual educators), and children adopted by their family. The corresponding rights and obligations arise in the presence of circumstances (legal facts) established in the UK, and, as a rule, do not depend on the cohabitation of family members or the fact that one family member is dependent on another (unlike other branches of law - housing, social security, etc.). 2.3. legal facts Legal facts are the circumstances with which family law associates the emergence, change and termination of family legal relations. In family law, these circumstances are, as a rule, a form of reflection of a certain personal connection between people: marriage, kinship, adoption, etc. Classification of legal facts occurs on the following grounds: - on a volitional basis, they distinguish: 1) actions; 2) events. Actions, in turn, are divided into legal and illegal. Lawful actions include marriage, establishing paternity, adoption, etc. Illegal actions, as a rule, entail the termination of a family relationship. These include marriage in the presence of obstacles to its conclusion, the exercise of parental rights in conflict with the interests of the child, etc. Events are legal facts with which the legislator associates the emergence or termination of family legal relations. For example, the birth of a child leads to the emergence of legal relations between parents and children, and the death of a spouse entails the termination of marriage and family legal relations between spouses; - according to the duration of the action, there are: 1) short-term facts; 2) conditions (long-term life circumstances that have legal consequences, such as pregnancy). Kinship is a blood community of persons descending from one another or from a common ancestor (see Fig. 2). Relationships are based on biological bonds between people. Blood relationship differs in lines and degrees. A number of relatives descending from one another form a direct line of kinship. This line can be ascending if the account is kept from a descendant to an ancestor (for example, grandson - son - father), and descending if the account is kept from an ancestor to descendants (for example, father - son - grandson). Relatives descended from a common ancestor constitute the lateral line of kinship. A lateral relationship can be full blood if relatives are descended from common ancestors (for example, a common mother and father), or incomplete if relatives have one common ancestor (for example, a common mother, but fathers are different). Relatives in the direct line are closer than relatives in the collateral line. Along the line of consanguinity, the account is kept in degrees, which determine the proximity of kinship. Degrees of relationship are calculated by the number of births. For example, father and son are in the first degree of kinship in a straight line, brother and sister - in the second degree of kinship in the lateral line, uncle and niece - in the third degree of kinship in the lateral line, children of siblings (cousins) - in the fourth degree of lateral lineage. In family law, the legal fact is kinship in a straight line and lateral kinship up to the second degree of kinship. Blood relationship (certified in the prescribed manner) is the basis for the emergence of legal relations between parents and children. Between other close relatives, only alimony obligations arise (for example, the obligation to support a child can be assigned to a grandfather, grandmother, his own (full-blooded and half-blooded) brother or sister, provided that it is impossible to receive alimony from the child's parents). A property is a community of persons who do not have a blood relationship, but who are in such a relationship with one of the spouses (social connection). The relationship of one spouse and his relatives with the relatives of the other spouse (property) does not give rise to mutual rights and obligations. An exception is the property between the stepfather (stepmother) and stepson (stepdaughter) - the native children of each of the spouses. Along with other legal facts, property gives rise to a maintenance obligation of adult able-bodied stepchildren (stepdaughters) in relation to disabled and needy stepfathers (stepmothers) (Article 97 of the UK). Persons who are invalids of groups I, II and III, as well as persons who have reached retirement age (according to the general rule: women - 55 years old, men - 60 years old) are recognized as disabled. Need is understood as the absence of any or sufficient means of subsistence. Need, as a rule, is established by the court, for example, when collecting alimony for disabled and needy parents, spouses, etc. Some family legal relations arise, change or terminate in the presence of a set of legal facts (legal compositions). So, legal relations of spouses arise when there is a mutual consent of a woman and a man to enter into marriage, they reach marriageable age and state registration of marriage in the registry office. 2.4. Exercise and protection of family rights In accordance with Art. 7 of the UK, citizens have the right to dispose of their rights at their own discretion, unless otherwise established by the UK. The limits of the exercise of family rights have their limitations. Thus, family rights may be limited by the requirements of the law. The exercise of family rights and the performance of duties must not violate the rights, freedoms and legitimate interests of other family members and other citizens. Family rights must be exercised in accordance with their purpose. The exercise of family rights and the performance of duties has a number of features. 1. The implementation of the majority of subjective family rights and the performance of duties are manifested in long-term, repetitive actions (for example, the rights and obligations of spouses, parents). 2. Capable subjects of family legal relations personally exercise their rights and perform their duties. The institution of contractual representation in family law does not apply. 3. The implementation of certain family rights is at the same time the responsibility of their bearer (for example, the right and obligation of parents to raise children). 4. The holders of subjective family rights do not always realize them (for example, the right of relatives living separately to communicate with the child). 5. Obligations, the fulfillment of which is not only of personal, but also of public importance, are subject to unconditional fulfillment if there are requirements from the person interested in their fulfillment (for example, maintenance obligations). Measures of family legal protection are means of family legal influence aimed at preventing or suppressing violations of subjective family rights, applied in the manner prescribed by law, regardless of the offender's guilt. The basis for the application of protection measures is a violation or threat of violation of a subjective family right. Protection of family rights is carried out in the ways provided for in Art. 12 CC: - self-defence (transfer by the spouse for storage to relatives of the property constituting his share in joint property); - recognition of the right by the court (establishment of paternity); - suppression of actions that violate the right or create a threat of its violation (taking the child away from parents or other persons in whose care he is); - recognition of the transaction as invalid (recognition of the marriage contract as invalid); - coercion to fulfill the obligation (collection of alimony in court); - termination, change of legal relationship (cancellation of adoption); - other methods provided by law (for example, the reduction of family rights: in special cases, the court may derogate from the principle of equality of shares of spouses in their common property). Measures of family law liability apply only to participants in family legal relations. In some cases, the application of measures of family legal liability depends on the will of the person concerned (for example, Part 2, Clause 2, Article 115 of the UK provides for the right of the alimony recipient to recover damages caused by the delay in fulfilling alimony obligations). Family law liability can be both legal and contractual. Citizens, at their own discretion, have the right to dispose of their family rights. Thus, the law gives the family members themselves the right to decide whether they will exercise and protect their rights and take the necessary actions for this. For example, disabled needy parents who have the right to receive maintenance (alimony) from their adult children often do not exercise their right in life and do not go to court with a claim for alimony. In paragraph 2 of Art. 7 of the UK clearly states that family rights are protected by law, unless they are exercised in conflict with the purpose of these rights. The implementation of family rights in accordance with their purpose presupposes such implementation that helps to strengthen the family, ensures the proper upbringing of children, and creates favorable conditions for the comprehensive development of all family members. Accordingly, in those cases where family rights are based on the law, but are exercised contrary to their purpose (ie, when citizens abuse their rights), they are not protected by law. For example, the court has the right to release a spouse from the obligation to support another spouse (albeit disabled and needy), if the latter behaved unworthily in the family (neglected family responsibilities, drank, mistreated the spouse, children, etc.); the court also has the right to depart from the principle of equality of the shares of the spouses in the division of their common property, if one of the spouses spent it to the detriment of the interests of his family. Judicial protection of family rights. Judicial protection is the main form of protection of family rights. The judicial procedure is used in resolving most family conflicts, which are considered according to the norms of civil procedural legislation. For example, only a court can deprive or restrict parental rights, cancel an adoption, recognize a marriage as invalid, and dissolve a marriage if there is a minor child in the family. On the basis of a court decision, alimony is collected (for children, a disabled needy spouse, other family members), if the parties have not reached a mutual agreement on this issue. The judicial bodies that protect the family rights of citizens include courts of general jurisdiction - district courts. Cases arising from family legal relations may also be considered by magistrates, with the exception of cases on contesting paternity (maternity), establishing paternity, on deprivation of parental rights, on adoption (adoption) of a child. Justices of the peace are judges of general jurisdiction of the constituent entities of the Russian Federation and are part of the unified judicial system of the Russian Federation. The procedure for the appointment and activities of justices of the peace, their competence are defined in the Federal Law of December 17.12.1998, 188 No. XNUMX-FZ "On Justices of the Peace in the Russian Federation". The term for applying to the court for the protection of violated rights (statute of limitations) for claims arising from violation of rights in family relations is not established. The statute of limitations applies only to individual cases expressly provided for in the UK. Thus, a three-year limitation period has been established for claims for the division of the common property of spouses whose marriage has been dissolved (Article 38 of the UK). When applying the rules establishing the limitation period, the court is guided by the norms of the Civil Code on the limitation period (Articles 198-200, 202-205). Administrative procedure for the protection of family rights. The administrative procedure for considering family law disputes is applied only in cases expressly specified in the law. Thus, the resolution of a number of disputes related to the upbringing of children, about the name and surname of the child (with different surnames of the parents), etc., is assigned by the UK to the competence of the guardianship and guardianship authorities, which are local governments (local territorial administration). Guardianship and guardianship authorities, as bodies authorized to protect the rights and interests of minor children, are involved by the court in the consideration of all disputes related to the upbringing of children. Their participation is also mandatory in the execution of court decisions on the transfer or removal of children from parents or other persons (Articles 78, 79 of the UK). The guardianship and guardianship authorities have the right to bring claims to the court for deprivation or restriction of parental rights, for the cancellation of adoption, for the recovery of alimony for children from their parents and in other cases. To bring such claims, they do not need special powers (Articles 70, 80, 142 of the UK, etc.). Certain obligations to protect the family rights of citizens are also assigned to the registry office when registering marriage, divorce, establishing paternity, adoption and other acts of civil status. The procedure for registering acts of civil status, the rights of citizens during their registration are established by the Law on acts of civil status. The protection of the rights of persons receiving alimony is entrusted by law to the administration at the place of work of persons liable to alimony. The administration is obliged to withhold maintenance monthly and, within three days from the date of payment of wages, pay or transfer it to the account of the maintenance recipient. Upon dismissal of a person liable for maintenance, the administration is obliged to inform the bailiff and the recipient of alimony within three days. In order to protect the rights of alimony recipients, the administration is also obliged to index alimony paid in a fixed amount of money when the minimum wage is increased (Articles 109, 111, 117 of the UK). Thus, the protection of family rights is possible in various ways: - by recognizing the right; - by restoring the violated right; - by suppressing actions that violate the right and create a threat of its violation; - by depriving or restricting the rights of one family member in the interests of protecting a minor or disabled family member (for example, depriving or restricting parental rights); - by compensation for material damage or moral damage (when the marriage is declared invalid); - by collecting damages and penalties (in case of untimely payment of alimony), as well as in other ways provided for in specific articles of the UK. Topic 3. Marriage 3.1. The concept of marriage Marriage is a free, equal union of a woman and a man who have reached the age of marriage, who are not married to another, concluded in compliance with the conditions and procedures established by law, and with the aim of creating a family. The right to marry arises in the presence of the following legal facts: 1) the person who wishes to marry reaches the age of 18 years. If there are good reasons, local governments may allow marriage at the age of 16; the laws of the constituent entities of the Russian Federation allow a further reduction in the age for marriage; 2) the person must not be in another registered marriage; 3) persons wishing to marry must not be closely related. It is forbidden to marry relatives in direct ascending (parents, children) and direct descending (grandfathers, grandmothers and grandchildren) lines, as well as between full and half-blooded (common father or mother) brother and sister; 4) marriage between adoptive parents and adopted children is prohibited; 5) the person must not be recognized by the court as incapacitated due to a mental disorder. The state registration of a marriage has a legal significance: from that moment on, the mutual rights and obligations of the spouses arise. State registration of marriage also has evidentiary value: on the basis of the marriage record made, the spouses are issued a marriage certificate and a corresponding mark is made in their passports, certifying the fact that these persons are legally married. Married persons can undergo a medical examination and receive a free consultation on medical and genetic issues. The results of the examination constitute a medical secret and cannot be communicated to other persons. This information may be communicated to another person with whom marriage is supposed to take place only with the consent of the first person. If the person who has entered into marriage hides from another person the presence of a venereal disease or HIV infection, the latter has the right to apply to the court with a demand to recognize the marriage as invalid. Marriage is the foundation of a family. This is a special social institution, the significance of which comes from the need to streamline the intersexual relationships of people and mutual union and create certain guarantees for the existence of a stable union that provides the most favorable conditions for the birth of children. The purpose of marriage is not only the creation of marital relations, but also the formation of a union based on mutual respect and love. Future spouses cannot determine for themselves the norms of legal relations, since their rights and obligations are formulated in the legislation imperatively. Principles of recognition of marriage in the Russian Federation. Based on cultural and historical traditions, Russian legislation recognizes only monogamous marriage between a man and a woman. At the same time, some countries recognize other forms of marriage. Thus, the vast majority of states (80%) do not recognize homosexual relations and retain criminal liability for them (for example, in Iran, the death penalty is provided for this). Some states recognize homosexual relationships but do not provide additional protection for their participants (for example, the Russian Federation). Recognize the legality of homosexual relations and provide their participants with protection from criminal encroachment and discrimination of the countries of Europe, Canada. Other principles of marriage recognition in the Russian Federation are: - freedom of marriage, i.e. free will of persons entering into marriage; - equality of the parties, i.e. the prohibition of restrictions of a racial and religious nature on marriage; - lifelong relationship of matrimony; - the conclusion of marriage, which has the main purpose of the birth and upbringing of children; - marriage in the form and procedure prescribed by law. Registration of marriage in the registry offices is typical for most countries. At the same time, in such countries as Egypt, Libya, Iran, Iraq, there is an institution of church marriage. A church marriage is a marriage concluded according to religious rites. It has no legal force on the territory of the Russian Federation. The civil (secular) form of marriage, involving mandatory state registration, was introduced in Russia for the first time after the revolution of 1917 by one of the first decrees - the decree of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR of December 18.12.1917, 1917 "On civil marriage, on children and on the introduction of books of acts of civil status ". Church marriages committed before the adoption of this decree remained valid and did not need to be re-registered in state bodies. However, from the moment the decree of XNUMX was adopted, marriage was completely removed from the competence of the church. At present, the so-called "concessual marriage", that is, actual marital relations that are not registered with the registry office, has become widespread. There was even a new term - civil marriage. Many countries support and consolidate actual marriage unions, that is, unions that do not give rise to legal consequences provided for by the legislator for spouses. 3.2. Conditions and procedure for marriage The conditions for concluding a marriage are the circumstances (legal facts) fixed by the UK and necessary for state registration of marriage, recognition of marriage as valid. The conditions for concluding a marriage are: 1) mutual voluntary consent of persons entering into marriage. Mutual voluntary consent of future spouses to marriage is expressed in writing in their joint application for marriage or orally during the procedure for registering marriage in the registry office and is confirmed by their personal signatures; 2) attainment by persons entering into marriage of marriageable age; 3) the absence of circumstances preventing marriage. Reaching the age of marriage at the time of state registration of marriage is necessary because marriage requires a certain degree of physical, mental, social maturity, the onset of civil capacity of a citizen in full. The Family Code does not establish restrictions on the age limit for marriage, as well as the age difference between future spouses. According to the norms of the UK, the possibility of reducing the age of marriage to 16 years is allowed: 1) in exceptional cases (pregnancy of a minor, the birth of her child, etc.); 2) if there are reasons that local governments consider valid. Civil law establishes the legal status of minor spouses. So, if a person whose marriageable age has been reduced registers a marriage, then from the moment of marriage, he acquires civil capacity in full. The guardianship of such a person is terminated. The legal capacity acquired by him (until he reaches the age of 18) is retained even if the marriage is subsequently dissolved (with the exception of the case where the marriage is declared invalid and the court decides on the loss by the minor of the full legal capacity he acquired) . The right to establish the procedure and conditions under which marriage as an exception, taking into account special circumstances, may be permitted before the age of 2 is granted to the subjects of the Russian Federation. Obstacles to marriage are legal facts in the presence of which a marriage cannot be registered, and if it is concluded, it is illegal and can be declared invalid in a court of law. The Family Code establishes an exhaustive list of obstacles to marriage. Marriage is not allowed: 1) between persons, of which at least one person is already in a registered marriage. This prohibition of family law operates on the principle of monogamous marriage (monogamy); 2) between close relatives: in a direct ascending line (parents and children); in a straight descending line (grandmother, grandfather and grandchildren); between full and half brothers and sisters (half-blooded, that is, having only a common father; half-blooded, that is, having only a common mother). This prohibition has a biological significance (it prevents the transmission of many hereditary diseases and the appearance of defective offspring), as well as moral and ethical significance; 3) between adoptive parents and adopted children, since relations arising in connection with adoption are equated to relations existing between relatives by origin. This prohibition operates from considerations of a moral and ethical nature; 4) with a person who has been declared legally incompetent due to a mental disorder by a court. The current family legislation gives legal significance only to a marriage registered in the manner prescribed by law. The procedure for registering a marriage is regulated by Art. 11 UK, as well as Ch. 3 of the Civil Status Act. State registration of marriage is carried out by registry offices on the territory of the Russian Federation at the choice of persons entering into marriage. If the persons entering into marriage reside outside the Russian Federation, but are its citizens, the registration of the marriage is carried out by consular institutions of the Russian Federation. The basis for state registration of marriage is a written application of persons entering into marriage. The will to enter into marriage may be expressed both in a joint declaration and in separate declarations of the persons entering into marriage. At the same time, the signature on the application of a person who did not appear at the registry office must be notarized. Marriage is registered after a month from the date of filing the application in the personal presence of the persons entering into marriage. If there are good reasons, the registry office may reduce the monthly period or increase it, but not more than one month. In Part 3, Clause 1, Art. 11 of the UK provides for the possibility of state registration of marriage on the day of filing an application in the presence of special circumstances (pregnancy of the bride, birth of a child, direct threat to the life of one of the parties, etc.). Marriage registration is usually carried out in the premises of the registry office in a solemn or ordinary atmosphere, depending on the desire of those entering into marriage. If, due to a valid reason, those entering into marriage (or one of them) cannot arrive at the registry office, state registration can be carried out at their location (for example, in a hospital, in a place of deprivation of liberty, etc.) by an employee of the registry office authorized to implementation of registration. An entry is made in the register of acts of civil status on the marriage, and the spouses are issued a certificate of marriage. Subjects agreeing to a marriage must have marital capacity. As a rule, it begins at the age of 18, but Russian legislation also provides for an earlier age of marriage. Thus, the Law of the Nizhny Novgorod Region of September 10.09.1996, 18 "On the Procedure and Conditions for Marrying Citizens Under the Age of 14" provides for the conferral of marital capacity as an exception to persons who have reached the age of XNUMX, at their request, at the request of their parents or those replacing them persons (special circumstances in this case are recognized as immediate morning - for the life of one of the spouses, pregnancy, the birth of a child). Permission to enter into marriage is given by the governor of the region at the request of the head of the administration of the local self-government body. In addition to the application, the conclusion of the health authorities, guardianship and guardianship is submitted. The legally established procedure for concluding a marriage gives marital relations a public legal basis, that is, it provides these relations with recognition from society and the state. Marriage can be entered into in any body of the registry office on the territory of the Russian Federation at the choice of the persons entering into marriage. The registry office makes an act record and issues a marriage certificate. The following documents are required to apply to the registry office: 1) passport; 2) if necessary - a certificate of dissolution of the previous marriage or a death certificate of the previous spouse; 3) persons under 18 years of age - the permission of local authorities. 3.3. Termination of marriage The termination of a marriage is a legal relationship due to the occurrence of certain legal facts. The grounds for termination of marriage are: 1) the death of a spouse; 2) declaration by the court of one of the spouses as deceased. In this case, the marriage is considered uninterrupted if the spouse returned. A spouse declared dead is not entitled to remarry; 3) divorce. Each of the grounds (legal facts) with which the law connects the termination of marriage, and therefore the termination of legal relations between spouses, has its own specific features. Thus, the death of one of the spouses is a natural way to end a marriage. The document confirming the termination of the marriage, in this case, is a death certificate issued by the registry office. Declaring one of the spouses dead by a court entails the same legal consequences as physical (natural) death. By decision of the court, state registration of death is carried out, the marriage is considered terminated, and inheritance is opened. The conditions for declaring a citizen dead are established in Art. 45 GK. The court has the right to declare a citizen dead if it is established that in his place of residence there is no information about the place of his stay for five years, and if he went missing under circumstances that threaten death or give reason to assume his death from a certain accident (earthquake, plane crash, etc.), - within six months after these events. A serviceman or other citizen who has gone missing in connection with hostilities may be declared dead not earlier than two years after the end of hostilities. This is explained by the need in a number of cases to take lengthy measures to return military personnel and other citizens to their permanent place of residence or establish their death. The day of death of a citizen declared dead is considered the day the court decision enters into force. If a citizen is declared dead who has gone missing under circumstances threatening death or giving reason to assume his death from a certain accident, the court may recognize the day of death of this citizen as the day of his alleged death (which is indicated in the court decision). If the spouse declared dead by the court appears and the court decision on declaring him dead appears, the terminated marriage cannot be restored if the other spouse has entered into a new marriage. If a new marriage has not been entered into, the previous marriage can be restored by the registry office (i.e., be considered continuing from the moment of its conclusion) only with the consent of both spouses (Article 26 of the UK). During the life of the spouses, the marriage may be terminated by dissolution of the marriage (divorce). The exercise of the right to divorce does not require the expiration of a certain period from the date of marriage, nor the consent of the other spouse. However, there is an exception: Art. 17 of the UK establishes that during the wife's pregnancy and within a year after the birth of the child, the husband, without the consent of the wife, does not have the right to initiate a divorce case. This provision also applies to cases where the child was stillborn or died before reaching the age of one year. In the absence of the consent of the wife to consider the case on divorce, the judge refuses to accept the statement of claim, and if it was accepted, the court terminates the proceedings. At the same time, the refusal of the court is not an obstacle to re-applying to the court with a claim for divorce, if the circumstances listed in Art. 17 SC. A marriage can be dissolved by the spouses in the registry office or in court. The form of divorce does not depend on the will of the spouses, but is defined in the law, which expressly establishes under what circumstances a marriage can be dissolved in the registry office or in court. The main criterion is the presence or absence of common minor children in the spouses. The consequences of the termination of a marriage may be as follows: - the legal regime of property of the spouses ceases to operate if the spouses divided the jointly acquired property in marriage; - maintenance relations come into force in accordance with the law; - spouses lose the right to receive inheritance under the law after the death of the former spouse; for pensions in connection with the loss of a spouse on the grounds established by law, etc. At the same time, former spouses have the right: ? to receive maintenance by a disabled needy spouse from a former spouse, if the former became disabled before the dissolution of the marriage or within a year from the date of dissolution of the marriage; ? preservation of the marriage surname at the discretion of the spouse who adopted the surname of the other spouse upon marriage; ? entering into a new marriage with other persons. 3.4. Divorce in the registry office Dissolution of marriage (divorce) is the termination in a judicial or simplified procedure of legal relations between spouses (during life) for the future. The grounds for divorce are: 1) mutual consent of the spouses to divorce; 2) irreparable breakup of the family upon dissolution of marriage at the request of one of the spouses in the absence of the consent of the other spouse to divorce; 3) application of one of the spouses, if the other spouse: - recognized by the court as missing; - recognized by the court as incompetent; - sentenced by a court for a crime to imprisonment for a term of more than three years; 4) application of the guardian of the spouse, recognized by the court as legally incompetent. Divorce in the registry office (in a simplified manner) is carried out under two conditions: - the presence of mutual consent of both spouses to divorce; - they have no common minor children, including adopted ones. Consent to divorce must be expressed in writing by filing: 1) a joint application; 2) separate applications, if one of the spouses does not have the opportunity to appear at the registry office to file a joint application for divorce. In this case, the signature of the absent spouse must be notarized. If the spouses do not have common minor children and there is mutual consent to divorce, the dissolution of the marriage is carried out in the registry office, regardless of the presence or absence of property disputes between the spouses on the division of their common property and on the payment of maintenance (alimony) to a disabled needy spouse (clause 1, article 19, article 2 °CK). An exception to this rule is when one of the spouses, despite the fact that he has no objections, evades the dissolution of the marriage in the registry office, for example, refuses to file a joint application for the dissolution of the marriage. In these cases, the dissolution of the marriage is carried out by the court at the request of the other spouse (clause 2, article 21 of the UK). With a joint application for divorce, spouses have the right to apply to the registry office at their place of residence of them (or one of the spouses) or at the place of state registration of marriage. In the application, the spouses must confirm mutual consent to the dissolution of the marriage and the absence of common minor children. The dissolution of a marriage is carried out after a month from the date of filing an application with the registry office in the presence of at least one of the spouses dissolving the marriage. On the dissolution of marriage, the registry office draws up an appropriate act record. Based on this record, a certificate of divorce is issued, which is issued to each of the former spouses. Directly in the registry office, a marriage can be dissolved (regardless of the presence of common minor children) in cases where one of the spouses is recognized by the court as missing or incompetent, and also sentenced for committing a crime to imprisonment for a term of more than three years (paragraph 2 of article 19 of the UK ). In these cases, only the spouse who is not in one of those listed in paragraph 2 of Art. 19 SC states. State registration of the dissolution of marriage is carried out upon his unilateral application after a month after the filing of the application. Simultaneously with the application for divorce, he must present a court decision on recognizing the other spouse as missing or incapacitated, or a court sentence on condemning the other spouse to imprisonment for more than three years. The consent of the other spouse to the dissolution of the marriage has no legal significance and is not requested, but in order to ensure his rights and resolve issues arising from the termination of the marriage in the future (about children, about property, etc.), he or his guardian or administrator of the property of the missing person spouse (if any) are notified by the registry office of the received application and the date set for state registration of divorce. If there are common minor children, divorce is possible only in court, regardless of whether or not both spouses agree to the dissolution of their marriage. The latter circumstance affects only the judicial procedure for dissolution of marriage. 3.5. Dissolution of marriage by court A marriage is terminated by a court if the breakup of the family is obvious, the preservation of such a marriage is not in the interests of either the spouses themselves, or their children, or society. Consideration by the court of cases on dissolution of marriage is carried out in the order of action proceedings established by the Code of Civil Procedure. An action for divorce is filed with the district court at the place of residence of the spouses, if they live together, or the respondent spouse, if they live separately. An action for the dissolution of a marriage with a person whose place of residence is unknown may be brought at the choice of the plaintiff or at the last known place of residence of the defendant, or at the location of his property. In the event that minor children are with the plaintiff or when, for health reasons, it is difficult for the plaintiff to travel to the place of residence of the defendant, a claim for divorce may be filed at the place of residence of the plaintiff. The dissolution of a marriage is provided for in the following cases: 1) with the mutual consent of the spouses, but if the spouses have common minor children, except in cases where one of the spouses: - recognized by the court as missing; - recognized by the court as incompetent; - sentenced for committing a crime to imprisonment for more than three years; 2) in the absence of the consent of one of the spouses to divorce; 3) if one of the spouses, despite the absence of objections, evades the dissolution of the marriage in the registry office: refuses to submit an application, does not want to appear for state registration of the dissolution of marriage, etc. In case of divorce by mutual consent of both spouses having common minor children, the court is not entitled to: - refuse to dissolve the marriage; - find out the reasons for the divorce; - take measures to reconcile the spouses; - in any other way invade their privacy. The spouses have the right to submit to the court an agreement on children, concluded in writing, which stipulates: ? with which of the spouses minor children will live; ? the procedure for payment and the amount of funds for the maintenance of minor children; ? the order of communication of children with a parent with whom they will not live. The court has the right: 1) approve the agreement on children; 2) invite the spouses to amend the agreement and approve it; 3) refuse to approve the agreement if it does not meet the interests of the children. If the spouses have not submitted an agreement on children (or this agreement has not been approved by the court), the court is obliged to determine with which parent the minor children will live, what will be the procedure for children to communicate with the spouse with whom they do not live. Various sociological studies show that the motives for initiating a divorce case are constant quarrels and conflicts in the family, the immoral behavior of one of the spouses, drunkenness, adultery, etc. Most divorce suits contain a standard motive - dissimilarity of characters. The Family Code does not contain any list of circumstances under which a marriage can be dissolved. In accordance with Art. 22 of the UK, a marriage is dissolved if the court finds that the above and other circumstances have led to the fact that the further life of the spouses and the preservation of the family have become impossible. If the court comes to the conclusion that the claim for divorce is insufficiently substantiated and it is possible to save the family, it may postpone the proceedings and set a period for reconciliation of the spouses within three months. The reconciliation of the spouses leads to the termination of the divorce case. If the conciliation procedure has not yielded results and at least one of the spouses insists on the dissolution of the marriage, the marriage is dissolved. The court in these cases is not entitled to make a different decision on the refusal to dissolve the marriage. In cases where the marriage is dissolved, the court, at the request of the spouses (one of them), simultaneously resolves issues arising from the termination of the joint life of the spouses: on children, on the division of common property, on the payment of funds for the maintenance of a disabled spouse. Issues related to the fate of children: about their place of residence (with their mother or father), about the payment of funds for their maintenance, - the court is obliged to decide even in the absence of the relevant requirements of the divorcing spouses, if they have not reached an agreement on these issues or an agreement reached by them, according to the court, it is contrary to the interests of the child (Article 24 of the UK). Important for ensuring the rights and legitimate interests of the former spouses is the determination of the moment of termination of the marriage. This moment is defined in Art. 25 SC. A marriage terminated in the registry office shall be terminated from the date of state registration of the dissolution of the marriage, i.e. from the date of drawing up an act record of the dissolution of the marriage. A marriage dissolved in a court shall be considered terminated from the day the court decision on the dissolution of the marriage enters into legal force. Accordingly, former spouses are not entitled to enter into a new marriage before receiving a certificate of dissolution of the previous marriage from the registry office, that is, before its state registration. The result of a divorce is the termination of the personal and property legal relations of the spouses, with the exception of certain rights and obligations specified in the law. So, the former spouse (former spouses) has the right to keep the surname assigned to him upon marriage (clause 3, article 32 of the UK). The consent of the other spouse is not required. The former spouse has the right, under certain conditions, to receive funds for his maintenance (alimony) from the other spouse (art. 9 °CC). 3.6. Grounds and procedure for declaring a marriage invalid The recognition of a marriage as invalid is called annulment of the marriage and all its legal consequences from the moment of its conclusion. The legal grounds for declaring a marriage invalid, established by the UK, are divided into the following groups: 1) violation of the conditions established by law for concluding a marriage; 2) the absence of mutual voluntary consent to marriage; 3) marriage of minors (minors); 4) the presence at the conclusion of a marriage of circumstances preventing its conclusion (Article 14 of the UK); 5) marriage by a person (persons) already in (consisting of) another undissolved registered marriage; 6) marriage between close relatives; 7) marriage between persons who are in the relationship of an adoptive parent and an adopted child; 8) marriage between a person (persons) recognized by the court as legally incompetent due to a mental disorder; 9) concealment by one of those entering into marriage from the other that he has a venereal disease or HIV infection; 10) fictitious marriage. Family law does not establish any special proceedings for cases of invalidating a marriage, therefore, the recognition of a marriage as invalid is carried out by the court in civil proceedings (at the suit of eligible persons, defined in Article 28 of the UK). A marriage declared invalid by a court does not give rise to the rights and obligations of the spouses, i.e., the consequence of declaring the marriage invalid is the annulment of all legal consequences of the marriage that have arisen since the state registration of the marriage. The legal significance of declaring a marriage invalid is that this institution of family law: - terminates legal relations between spouses that arose as a result of state registration of marriage from the moment of its conclusion; - returns the spouses to the legal position that existed before the state registration of marriage; - makes it possible to recognize a marriage that never existed; - recognizes the marriage contract as invalid if it was concluded before the marriage was declared invalid, with all the ensuing consequences provided for by the Civil Code, on the general consequences of the invalidity of the transaction (each party is obliged to return everything received under the transaction, and if it is impossible to return it in kind, to reimburse its cost in money). The recognition of a marriage as invalid does not affect the rights of children born in such a marriage or within 300 days from the date of its recognition as invalid. Their legal status is equivalent to the legal status of children born in a valid marriage. Relations regarding property jointly acquired before the marriage was declared invalid are governed by the provisions of Art. 244-252 of the Civil Code on shared ownership, according to which the division of common property can be carried out: 1) by agreement of these persons; 2) by decision of the court, which determines the procedure and conditions for the division, taking into account the contribution of each of them to the formation of this property. Recognition of a marriage as invalid is made only by a court in a lawsuit according to the rules established by the civil procedural legislation. In the absence of a court decision, no one has the right to refer to the invalidity of a marriage, even if evidence of the illegality of its conclusion is presented. Marriage is recognized as invalid not from the date the court decision enters into legal force, but from the day it is concluded, that is, from the day of its state registration with the registry office. On the basis of a court decision on recognizing the marriage as invalid, which must be sent to the registry office within three days, the record of the marriage act (and, accordingly, the marriage certificate) is canceled and the marriage is considered non-existent. Persons who have been in such a marriage lose all the rights and obligations of spouses, with the exception of certain cases provided for by law (Article 3 °CC) in order to protect the rights of a conscientious spouse and children born in such a marriage. Persons whose circle is defined in Art. 28 of the UK in relation to each specific ground for declaring a marriage invalid. This approach makes it possible to ensure the protection of the rights of citizens, preventing unauthorized persons from interfering in their family and personal lives. The plaintiffs in these cases are persons whose rights are violated by the conclusion of this marriage (for example, only a spouse who has reached the age of marriage, if the marriage concluded by him before reaching this age is invalidated), as well as the guardianship and guardianship authority and the prosecutor, acting in defense as the rights of citizens and state interests (for example, the prosecutor - when invalidating a fictitious marriage, when both spouses entered into a marriage without the intention of starting a family). When accepting a statement of claim, the judge finds out on what basis the validity of marriage is being contested (clause 1 of article 27 of the UK) and whether the plaintiff belongs to the category of persons who, by virtue of Art. 28 of the UK has the right to raise the issue of recognizing the marriage as invalid precisely on this basis. Regardless of who filed a claim for invalidation of a marriage entered into with a person under the age of marriage, as well as with a person recognized by the court as legally incompetent, the court is obliged to involve in the case the body of guardianship and guardianship, which, in accordance with civil law (Art. 31, 34 of the Civil Code) performs the functions of protecting the rights of incapacitated and minor persons. Disputes on the recognition of marriage as invalid should be distinguished from cases of contesting the correctness of the marriage records. This takes place, for example, when registering a marriage by one person without the knowledge and consent of the other, using false documents, in the absence of one of those entering into marriage, although he submitted an application for marriage registration. With such a marriage, there is no marriage, and the record of its conclusion is canceled on the basis of a relevant court decision. 3.7. Consequences of declaring a marriage invalid A marriage declared invalid by a court is considered non-existent. For persons in such a marriage, no rights and obligations of spouses (personal and property) are recognized as a general rule (clause 1, article 3 °CC). For example, property acquired during marriage is not considered common property of the spouses; there is no right to alimony; A spouse who has adopted the surname of the other spouse during the registration of marriage shall be assigned his premarital surname. The legal relations of persons who were married, recognized as invalid, regarding their property are regulated by the norms of the Civil Code on shared ownership (Articles 244, 245 and 252 of the Civil Code), and not by the norms of the UK on joint property of spouses. This means that property acquired during a marriage, which was subsequently declared invalid, is considered to belong to the spouse who acquired it at his own expense. The other spouse may demand recognition of his right to a share in this property only if he participated in its acquisition with his own funds. The amount of this share will depend on the amount of invested funds. Rules of the UK that the property acquired by the spouses during marriage (common property of the spouses) is their joint property, regardless of the name of which of the spouses it was acquired or the funds were deposited in the name of which or which of the spouses (Article 34 of the UK ), and about the equal share of each of the spouses in the event of the division of their common property (Article 39 of the UK), the relations of persons who were in an invalid marriage do not apply (clause 2 of Article 3 of the UK). From the general rule on the loss by persons who have been in an invalid marriage of all the rights and obligations of spouses, there are exceptions established by law for a conscientious spouse (clauses 4, 5, article 3 °CC). A conscientious spouse is a spouse who did not know about the existence of obstacles to marriage and whose rights were violated by the conclusion of an invalid marriage. The conscientiousness of the spouse is established by the court. When establishing this fact, regardless of the grounds for the invalidity of the marriage, the court has the right to recover from the other (guilty) spouse alimony for the maintenance of a conscientious spouse, if the latter is disabled and in need or takes care of a disabled child, and also if the conscientious spouse is a pregnant wife or a wife who caring for a child up to three years of age. If, upon recognizing a marriage as invalid, the question arises of the division of property acquired jointly before the marriage was declared invalid, the court (if the spouse is in good faith) divides it in accordance with the norms of the UK on the joint property of spouses. A conscientious spouse also has the right to demand from the other guilty spouse compensation for losses incurred as a result of marriage, which was subsequently recognized as invalid, as well as compensation for moral damage to him, which are made in accordance with civil law (Articles 15, 151 of the Civil Code). Moral harm is the physical or moral suffering that a citizen undergoes as a result of a violation of his rights. For example, when a marriage is declared invalid, it can be the moral experiences of a conscientious spouse due to a change in lifestyle, place of residence, physical pain due to an illness that arose as a result of mental suffering, etc. Moral damage is compensated in monetary form in the amount determined by the court. Its size depends on the nature and depth of the physical and moral suffering of the victim, the degree of guilt in this tortfeasor, taking into account the individual characteristics of the injured person. A conscientious spouse is also entitled to retain the surname assigned to him upon marriage (clause 5, article 3 °CC). The recognition of a marriage as invalid does not affect the rights of children born in such a marriage or within 300 days from the date of recognition of the marriage as invalid. They are fully equated with the rights of children born in marriage (clause 3, article 3 °CC). The question of the place of residence, the maintenance of children in case of invalidity of marriage and other issues related to the relationship between parents and children are resolved in the same way as in the case of divorce of parents. Topic 4. Personal and property legal relations of spouses 4.1. Personal non-property rights and obligations of spouses Personal non-property rights are understood as the rights enshrined in family law that affect the personal interests of the spouses, the basis of which is the actions and deeds of the participants in family relations approved by the state, and constituting the internal basis of family life. Personal non-property rights include: 1) the right of the spouse to choose the occupation; 2) get a profession at will; 3) choose the place of residence and place of stay, i.e. decide for yourself the question of where to live and whether to live together with another spouse or separately from him; 4) the right of spouses to equality in resolving issues: - upbringing and education of children; - fatherhood and motherhood; - family planning; - distribution of the family budget; - housekeeping; - other issues of family life; 5) other rights provided for by family law. These personal non-property rights cannot be the subject of a marriage contract or other transactions. Personal non-property rights are closely related to such duties of spouses as: - the obligation not to interfere with the other spouse in the exercise of his personal non-property rights; - to provide each other with mutual moral support; - contribute to the material well-being of the family; - to promote the comprehensive spiritual, moral and physical development of all family members. From the moment of registration of marriage in the registry office, persons who have entered into a marriage become spouses. Since that time, personal and property rights and obligations arise between them. The personal rights and obligations of spouses are a direct consequence of marriage and determine the basis of the relationship of spouses in the family. Personal relations of spouses are regulated by both legal norms and moral rules of conduct, since the law provides for the construction of family relations on feelings of mutual love and respect, mutual assistance and responsibility (Article 1 of the UK). In Art. 31, 32 of the UK contains only general fundamental provisions concerning the personal rights and obligations of spouses, which are important for ensuring the equality of spouses in the family, protecting the personal interests of each of them, and proper upbringing of children. The personal non-property rights of spouses are closely related to the personality of each of them and are elements of the legal status of a citizen (Articles 19, 27 and 37 of the Constitution). They cannot be canceled or changed in connection with the entry of a citizen into marriage. The disagreement of one of the spouses with the choice of the other spouse has no legal consequences. The legislation proceeds from the complete equality of spouses in the family and establishes that issues of motherhood, paternity, upbringing, education of children and other issues of family life are resolved by the spouses jointly, that is, by mutual agreement. Equality of spouses in the family is not only enshrined as a general principle, but also guaranteed in all areas of family relations. Much in the family depends on the joint efforts of both spouses. Spouses are obliged to build their relationship on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, to take care of the well-being and development of their children (clause 3, article 31 of the UK). The unworthy behavior of one of the spouses in the family can lead to a number of negative legal consequences for him. For example, the court has the right to release a spouse from the obligation to support another spouse - disabled and needy, if he behaved unworthily in the family: he constantly drank, spent property to the detriment of his family, treated his wife cruelly, etc. One of the main personal rights of spouses is the right to choose a surname by the spouses upon marriage. In accordance with Russian law, the choice of a surname depends solely on the will of the people entering into marriage. Each of them - this applies equally to the husband and wife - independently determines whether, upon entering into marriage, he will keep his premarital surname or adopt the surname of the other spouse as a common surname. In most cases, spouses take a common surname. The common surname emphasizes the common interests of all family members and facilitates the realization of the rights and obligations of spouses, parents and children. As a common surname, the spouses are also entitled to choose a double surname by combining the surnames of the spouses, if the law of the subject of the Russian Federation in whose territory the marriage is concluded does not prohibit the combination of surnames. Currently, no such ban has been established in any subject of the Russian Federation. This general rule has one exception: if the surname of one of the spouses is already double, further combination of surnames is not allowed (Article 32 of the UK). Change by one of the spouses during the marriage of his surname does not entail an automatic change in the surname of the other spouse and their common minor children. Spouses freely and independently decide on the issue of the surname even in the event of dissolution of their marriage. Each of the spouses may, after a divorce, keep the surname adopted by him at the time of marriage, or ask to restore his premarital surname to him. The consent of the other spouse to the preservation of his surname by the divorced spouse is not required. The issue of changing the surname of a child under the age of 14 after the dissolution of the marriage of his parents, if the child and the parent with whom the child lives have different surnames, is decided by the guardianship and guardianship body based on the interests of the child and taking into account the opinion of the other parent whose surname is child (art. 59 UK). A child who has reached the age of 14 and received a passport has the right to apply for a change of surname to the registry office. In this case, the consent of his parents is required, and in the absence of such consent, a court decision. 4.2. Property rights and obligations of spouses Property relations (property rights and obligations) of spouses arise in connection with property acquired in marriage, as well as in connection with the provision of funds for the maintenance of each other. According to its legal regime, the property of the spouses is divided into the common property of the spouses and the personal (separate) property of the spouses. The concept of "property" covers both cash (income) and things: movable (car, household items, etc.) and immovable (land, house, apartment, cottage, garage, etc.). Property also recognizes property rights (mandatory claims) that arise as a result of the use of property (for example, liability claims on deposits in banks, on securities). The common property of the spouses is the property acquired by the spouses during their marriage. The common property of the spouses is regulated simultaneously by civil and family law. All the general rules of the Civil Code on ownership in general and on joint ownership in particular are applicable to it. Family law on matrimonial property cannot contradict the norms of the Civil Code. The personal property of each of the spouses is property acquired before marriage (premarital property), as well as property received by one of the spouses during marriage as a gift (both under a gift agreement, and for outstanding achievements in science, art, sports, etc. . - awards, bonuses), by way of inheritance or other gratuitous transactions. The personal property of each of the spouses also includes things for individual use (clothes, shoes, etc.), with the exception of jewelry and other luxury items (Article 36 of the UK). If during the period of marriage, investments were made at the expense of the income of the other spouse that significantly increase the value of this property, then it passes from personal to joint ownership. The concept of "jewelry" includes gold items and other jewelry made of precious and semi-precious metals and stones. Luxuries include valuables, works of art, antiques, and other items that are not necessary to meet the immediate needs of the spouses. The question of whether this thing is a luxury item, in the event of a dispute, is decided by the court, depending on both the general standard of living and the level of wealth of the spouses. There are the following main types of common property of spouses: a) total income - the income of each spouse (wages, income from entrepreneurial activities, royalties for created works of science, art, etc., pensions, allowances and other cash payments, with the exception of payments that have a special target character - material assistance, amounts paid to one of the spouses in compensation for damage due to injury, etc.); b) things (movable and immovable) acquired at the expense of the joint income of the spouses; c) securities (shares, bonds, etc.), shares, deposits, shares in capital contributed to credit institutions or other commercial organizations; d) any other property acquired by spouses during marriage. This property is common regardless of whether whether it was purchased in the name of both spouses or only one of them. It also does not matter in whose name the property requiring registration, such as a car, is registered. The property relations of spouses can be divided into two groups: 1) relations of matrimonial property; 2) maintenance legal relations of spouses. The rules governing the relationship of spouses regarding property include the rules establishing the legal regime of the property of the spouses, the rules defining the contractual regime of the property of the spouses, and the rules regulating the liability of the spouses for obligations to third parties. 4.3. Legal regime of property The legal regime of property of spouses is the regime of joint property established by the norms of family law, which takes place when these relations are not regulated by a marriage contract. The property of the spouses may be: - general; - personal (each spouse). The common property of the spouses is understood as any property and real estate acquired by them during a legal marriage, regardless of the name of which of the spouses it was acquired or the funds were contributed. The common property of the spouses is characterized by the fact that it is an unshared property. This means that each of the spouses has the right to own all the property, and not to any part of it. As long as there is joint property, the shares of the spouses are not allocated. The allocation of shares is carried out only when the common property of the spouses is divided or the share of one of the spouses needs to be allocated from it (for example, if it is necessary to impose a penalty on property for the debts of one of the spouses). Spouses are endowed with equal rights to own, use and dispose of joint property in a legal manner (Article 35 of the UK). They also acquire the right to common property, regardless of which of them and for which of them the property was acquired. Such a legal relationship arises exclusively during the period of marriage, which is concluded in the registry office in the manner prescribed by law. The de facto family relationship does not create joint ownership of the property. At the same time, the property relations of persons who are in actual family relations will be regulated not by family, but by civil legislation: the rules on common property, unless a different regime for this property is established between them. The personal property of each of the spouses includes: premarital property, i.e. things and rights that belonged to each of the spouses before marriage; property received by one of the spouses during marriage, for example as a gift (except for wedding gifts). The property of each of the spouses (related to things of durable use - houses, summer cottages, cars, etc.) may be recognized as their joint property if it is established that during the marriage at the expense of the common property of the spouses or the property of one of the spouses or the labor of one investments were made from the spouses that significantly increase the value of this property (major repairs, reconstruction, etc.). For example, if the spouse owned a dilapidated house before marriage, and during the marriage, at the expense of common funds, the house was repaired, landscaped, its area was increased, then its value increases significantly. If the court will divide the property of the spouses, it will recognize this house as the common property of the spouses and will divide it according to the norms of the UK on the division of common property. Spouses jointly own and use common property. The Civil Code establishes the presumption of consent of both spouses to the disposal of a thing by the other spouse. This means that the purchase or sale of a common thing does not require documentary confirmation of the consent to this transaction by the other spouse. An exception to this rule are transactions that are subject to: a) mandatory state registration: - mortgage agreement; - contract for the sale of real estate; - contract of sale of the enterprise; - real estate donation agreement; - real estate lease agreement; - a lease agreement for a building or structure, etc.; b) notarial certificate: - mortgage agreement; - an agreement on the pledge of movable property or rights to property to secure obligations under the agreement, which must be notarized; - lease agreement. Compliance with the requirement for the prior consent of the spouses to conclude a transaction is ensured by the bodies responsible for the state registration of transactions, and notaries. For example, a notary, when certifying a contract for the sale of a residential building, made by one of the spouses, must find out the legal regime of the house. If the house is jointly owned by the spouses (although it is registered in the name of the spouse making the transaction), then the certification of the contract is possible only after obtaining the consent of the other spouse, which the notary who draws up the transaction identifies and certifies. When selling an apartment, the written consent of the other spouse, certified by a notary, is also required. The spouse, whose notarized consent to the conclusion of these transactions has not been received, has the right to demand recognition of the transaction as invalid in court within a year from the moment when he knew or should have known about the completion of this transaction. 4.4. Division of common property of spouses The division of common property is regulated by the rules contained in Art. 38, 39 UK, and is made when the marriage ends. However, it is possible to divide the property even if there is a marriage. In cases where the division of property is not related to the termination of the marriage, only the property that is available at the time of the division is divided, and the property that will be acquired by the spouses in the future will be subject to the legal regime, i.e. it will be common property spouses. In the absence of a dispute between the spouses (former spouses), they themselves divide their common property by mutual agreement. In this case, the spouses can conclude in any form (orally or in writing) an agreement on the division. At the request of the spouses, the agreement (agreement) on the division of common property may be certified by a notary. The notarial form of an agreement is resorted to in cases where the objects of division are property, the ownership of which must be clearly recorded in a legal document (house, apartment, garage, car, etc.), in order to subsequently implement this right did not cause difficulties and disputes. In cases where the spouses have not reached an agreement, the division of their common property is made by the court. The division of property is carried out by the court at the request of the spouses (one of them) in the divorce proceedings. Norm Art. 24 of the UK not only allows the connection of a claim for the division of the common property of the spouses with a claim for divorce, but also obliges the court, at the request of the spouses (one of them), when making a decision on the dissolution of the marriage, to divide their property that is in their joint ownership. The requirement for the division of common property may also be presented before the dissolution of the marriage or after its dissolution (in court or in the registry office). When considering a dispute between spouses on the division of common property, the court first determines the composition of the property to be divided. For this, objects of property that are not subject to division are established and allocated. These include the personal property of each of the spouses, as well as things acquired exclusively to meet the needs of minor children (clothes, shoes, books, toys, etc.), contributions made by spouses at the expense of common property in the name of children. The property that is not subject to division, the court may also include things acquired by each of the spouses during their separation during the actual termination of family relations (Article 38 of the UK). After establishing the composition of the common property to be divided, the court determines the shares in this property due to each of the spouses. The shares of the spouses in the division of common property shall be recognized as equal. In principle, their common property should be divided equally, that is, in half. But sometimes the court may deviate from the principle of equality of shares (Article 39 of the UK). The court has the right to make such a decision if it is required by: a) the interests of minor children; b) noteworthy interests of one of the spouses. The share of each spouse is determined in ideal terms (for example, each 1/2 or the wife with whom the children are left - 2/3, and the husband - 1/3). According to the shares, the common property is divided in kind. The decision of the court specifies exactly what things are transferred to each of the spouses. If one of the spouses has things worth more than his ideal share, the court imposes on him the obligation to pay the other spouse the appropriate monetary compensation. In addition to things, the rights of claim belonging to the spouses and their common debts are also subject to division. The rights of claim may be embodied in the securities (shares, bonds, etc.) belonging to the spouses and in their deposits in banks and other credit institutions at the expense of common property. The rights of claim are distributed between the spouses according to the same rules as the rest of the property. If there are common debts of the spouses, then they are distributed in proportion to the shares awarded to them (Article 39 of the UK). General debts are understood as obligations arising from transactions concluded in the course of possession, use and disposal of the joint property of spouses (for example, a debt arising from an obligation to repair a residential building owned by both spouses), as well as debts under the obligations of one of the spouses, if received by he was used in the interests of the family (for example, money borrowed by one of the spouses was spent on a trip of the whole family to a resort). Claims for the division of the common property of divorced spouses are subject to a three-year limitation period (Article 38 of the UK). The beginning of this period is calculated not from the moment of divorce, but from the moment when the former spouse found out or should have found out about the violation of his right (Article 200 of the Civil Code). 4.5. Contractual mode of property. The concept of a marriage contract The basis of the contractual regime of the property of the spouses is the marriage contract. For the first time, the conclusion of a marriage contract became possible after the entry into force of the Civil Code, since in Art. 256 of the Civil Code states that the property acquired by the spouses during marriage is their joint property, unless an agreement between them establishes a different regime for this property. Thus, the mandatory regulation of relations between spouses regarding property was replaced by a dispositive one, and the spouses got the opportunity to independently establish the legal regime of their property. In the UK, the marriage contract is devoted to Ch. 8 "Contractual regime of spouses' property", containing rules that allow spouses to develop marriage contracts on their basis. From the point of view of the legal nature of the marriage contract is civil law, the presence of certain specifics does not mean that the marriage contract is a special family law contract, different from civil contracts.[5] A marriage contract is an agreement between persons entering into marriage or an agreement between spouses that determines their property rights and obligations in marriage and (or) in the event of its dissolution. The main legal purpose of the marriage contract is to determine the legal regime of the property of the spouses and other property relations of the spouses for the future. Statistics from countries such as France and Germany show that, as a rule, marriage agreements (contracts) are entered into by only 5% of people who marry for the first time, and up to 60% of those who remarry. A marriage contract has its own characteristics: a special subject composition; special form; special content. The subjects of the marriage contract may be persons entering into marriage (i.e., the marriage contract is usually concluded before the state registration of the marriage). At the same time, the marriage contract is considered as a contract with a suspensive condition, since it enters into force from the moment the marriage is concluded. If the marriage is not concluded, the contract is annulled. There are no time limits for the moment of state registration of marriage. For the conclusion of a marriage contract by a spouse limited by the court in capacity, the consent of the guardian is required. If a person who has not reached the age of marriage, in accordance with the procedure established by law, has received permission from the body of guardianship and guardianship to enter into marriage, then he has the right to conclude a marriage contract with the written consent of his parents or guardians. After marriage, the minor spouse acquires legal capacity in full and has the right to conclude a marriage contract independently. The right to independently conclude a contract is recognized for minors emancipated in accordance with the procedure established by law. In form, a marriage contract is distinguished by two features: 1) it is concluded in writing by drawing up one document; 2) subject to mandatory notarization. Thus, the marriage contract must be concluded in a notary's office with the obligatory presence of both spouses. Failure to comply with the form required by law entails the invalidity of the marriage contract. Certification of a marriage contract through a representative (trustee) is not allowed. Prior to the entry into force of the UK, that is, until March 1, 1996, the form of concluding a marriage contract corresponded to the general rules for concluding transactions: the contract was concluded in a simple written form, and it was not required to change its form to a qualified one. The current UK introduces an imperative rule: a marriage contract must be notarized. If the agreement provides for the possibility of transferring ownership of real estate, then such an agreement is subject to state registration. If the contract is a conditional transaction (i.e., establishing such a legal regime of property, the change of which depends on certain conditions), then registration is required after the occurrence of the condition specified in the contract. Notarial certification of the marriage contract is carried out by making a notary's notary's notarization on the contract. The duty of a notary is to explain the meaning and meaning of the contract, as well as the legal consequences of its conclusion, so that the legal ignorance of citizens cannot be used to their detriment. When certifying a marriage contract, the notary checks whether its terms comply with the law. 4.6. The content of the marriage contract, its invalidity and the rules for termination The content of the marriage contract is the conditions by which its subjects determine the appropriate legal regime of the property of the spouses. When drawing up and concluding a marriage contract, spouses have the right to: 1) change the property regime established by law to the contractual regime of property of spouses; 2) establish a regime for all property of the spouses: a) joint ownership (this regime is already regulated by family law, and only the features of using this regime can be stipulated in the marriage contract); b) shared ownership (the specified regime takes into account to a greater extent the size of the contribution of each of the spouses to their property); c) separate property (this regime establishes that the property acquired during marriage by each of the spouses will be his personal property); d) a mixed property regime that combines elements of community and separateness of property (for example, an apartment or a house is jointly owned, and other property (current income, household items acquired by each of the spouses, etc.) is in the personal ownership of each of spouses); 3) establish a regime of joint, shared or separate ownership of certain types of property; 4) establish a regime of joint, shared or separate ownership of the property of each of the spouses. The establishment of this or that regime of matrimonial property can be made dependent on various conditions. For example, spouses have the right to establish a separate regime, with the proviso that in the event of the birth of a child, this regime is replaced by a regime of joint ownership of all property acquired in marriage. The marriage contract may also include provisions related to the rights and obligations of the spouses for mutual maintenance (both in marriage and upon its dissolution); with each of the spouses bearing family expenses (for maintaining a common household, educating children, etc.); with the participation of spouses in each other's income (i.e., in the income that one of the spouses receives from his personal property - income from shares, securities, bank deposits, etc.), as well as provisions determining which property will go to each of the spouses in the event of dissolution of their marriage. The personal rights and obligations of the spouses cannot be the subject of a marriage contract. It is impossible, for example, to establish the duty of spouses to be faithful, to determine the range of household duties, etc., since such agreements cannot be enforced if they are violated. It is also unacceptable to limit in a marriage contract such personal rights of spouses as the right to free movement, choice of place of residence, occupation, preservation of the surname adopted upon marriage after its dissolution, etc. The terms of the contract providing for the restriction of the personal rights of spouses are void , i.e., without legal force. The peculiarity of the marriage contract is that its terms can refer not only to existing property rights, but also to future objects and rights that can be acquired by the spouses during the marriage. The content of the marriage contract may include: - rights and obligations for the mutual maintenance of spouses; - methods of participation in the income of spouses; - the procedure for each of the spouses to bear family expenses, regardless of the level of material well-being of the family. The law allows any other provisions to be included in the marriage contract, but only on the condition that they relate to the property rights and obligations of the spouses. A marriage contract cannot: 1) restrict the legal capacity or legal capacity of spouses; 2) restrict the right of spouses to apply to the court for the protection of their rights; 3) regulate personal non-property relations between spouses; 4) regulate the rights and obligations of spouses in relation to children; 5) restrict the right of a disabled needy spouse to receive maintenance from the other spouse; 6) contain conditions that put one of the spouses in an extremely unfavorable position or contradict the principles of family law. If the regime of any property (including that acquired in the future) is not taken into account in the marriage contract, then the legal regime will apply to this property. The marriage contract can be changed or terminated: a) by agreement of the parties; b) in court. By agreement of the parties, the marriage contract is changed (terminated): ? subject to the mutual consent of the spouses; ? in writing; ? with notarization. In a judicial proceeding, a marriage contract may be amended or terminated upon filing this claim with the court by one of the spouses in the following cases: ? receiving the refusal of the other spouse to change or terminate the marriage contract; ? failure to receive a response within the period specified in the proposal or in the marriage contract (if it is not available within 30 days in accordance with paragraph 2 of article 452 of the Civil Code). The grounds for a court decision to terminate or amend the marriage contract are: 1) a significant violation of the marriage contract by one of the spouses; 2) significant change in circumstances; 3) other reasons recognized by the court as valid. According to paragraph 3 of Art. 451 of the Civil Code, the spouses are not entitled to demand compensation for what has already been performed under the marriage contract until the moment it is changed or terminated, unless otherwise provided by law or by agreement of the parties. A marriage contract is declared invalid in the following cases: a) failure to comply with the form of the contract; b) non-compliance with the law of the content of the contract; c) the conclusion of the contract by an incompetent person; d) discrepancy between the authenticity of the will of the parties and the will in the contract; e) in the event of a marriage contract: - with a person who is not able to understand the meaning of his actions or manage them, although he is capable (Article 177 of the Civil Code); - under the influence of a delusion of significant importance (Article 178 of the Civil Code); - under the influence of deceit, violence, threats or as a result of a combination of difficult circumstances on extremely unfavorable conditions for themselves, which the other party took advantage of (Article 179 of the Civil Code). The court may also invalidate the marriage contract in whole or in part if the terms of the contract put one of the spouses in an extremely unfavorable position. A marriage contract is recognized as void (regardless of content) in cases where the contract contains: - restrictions on the legal capacity and legal capacity of spouses; - restrictions on the right of spouses to apply to the court for the protection of their rights; - regulation of personal non-property relations between spouses (for example, regulation of tastes, interests, general civil rights); - regulation of the rights and obligations of spouses in relation to children (during marriage); - restrictions on the rights of a disabled needy spouse to receive maintenance; - other inconsistency with the principles of family law. A marriage contract also cannot establish the rights and obligations of the spouses in relation to their children. Children are independent subjects of law, and all issues affecting their rights must be decided taking into account their opinion and in their interests, which are determined at the time of consideration of a specific issue relating to their lives. For example, it is impossible to specify in the marriage contract that in case of dissolution of the marriage, the child will remain to live with the father or with the mother. This issue should be resolved by the parents by mutual agreement (and in its absence - by the court), taking into account many circumstances: the age of the child, his individual characteristics, the child's attachment to one or another parent, etc. at the time of divorce. As already mentioned, failure to comply with the notarial form of the marriage contract entails its invalidity: it is considered void (non-existent) and does not require a court decision to declare it invalid. Below is an example of a marriage contract. Prenuptial agreement[6]name of the municipality day month Year We, the undersigned, citizen ____________________ residing at the address: and citizen ____________________ residing at the address: intending to marry (who are in a registered marriage - by whom, when the marriage was registered, No. of marriage certificate ____________________), hereinafter referred to as the "Spouses", have entered into this agreement on the following. 1. General provisions 1.1. The property acquired by the spouses during the marriage is during the marriage the common joint property of the Spouses, with the exception of property personally owned by the law of one of the Spouses, as well as with the exception of cases provided for in this agreement. 1.2. In the event of dissolution of the marriage by the Spouses by mutual agreement, all property acquired during the marriage retains the legal regime (common joint property or property of one of the spouses) that applies to the relevant property during the marriage, unless otherwise provided by this agreement. 1.3. In case of dissolution of marriage at the initiative of a citizen ____________________ or as a result of his unworthy behavior (adultery, drunkenness, hooligan actions, etc.), property acquired during marriage and related to the common joint property of the Spouses is considered from the moment of dissolution of marriage as common shared property Spouses. At the same time, the citizen ____________________ owns one fourth of the named property, and the citizen ____________________ owns three fourths of the named property. 1.4. In case of dissolution of marriage at the initiative of a citizen ____________________ or as a result of her unworthy behavior (adultery, drunkenness, hooligan actions, etc.), property acquired during marriage and related to the common joint property of the Spouses is considered from the moment of dissolution of marriage as common shared property Spouses. At the same time, citizen ____________________ owns three-fourths of the named property, and citizen ____________________ owns one-fourth of the named property. 2. Features of the legal regime of certain types of property 2.1. Bank deposits made by the Spouses during the marriage, as well as interest on them, are during the marriage and in the event of its dissolution the property of the Spouse in whose name they are made. 2.2. Shares and other securities acquired during the marriage (other than bearer securities), as well as dividends on them, belong during the marriage and in the event of its dissolution to that of the Spouses in whose name the acquisition of shares and other securities is registered. 2.3. A share in the property and (or) income of commercial organizations acquired during a marriage is, during the marriage and in the event of its dissolution, the property of the Spouse in whose name the acquisition of the specified share is registered. 2.4. Jewelry acquired by the Spouses during the marriage shall, during the marriage and in the event of its dissolution, be the property of the Spouse who used it. 2.5. Wedding gifts, as well as other gifts received by the Spouses or one of them during the marriage, intended for the use of both Spouses (except real estate), - a car, furniture, household appliances, etc. - during the marriage are the common joint property of the Spouses, and in case of dissolution of marriage - the property of that of the Spouses, whose relatives (friends, acquaintances, colleagues, etc.) made these gifts. Gifts received during the marriage by the Spouses or one of them from mutual friends (acquaintances, colleagues, etc.) and intended for the use of both Spouses are both during the marriage and in the event of its dissolution, the common joint property of the Spouses. 2.6. The utensils, kitchen utensils, kitchen appliances acquired by the Spouses during the marriage are the common joint property of the spouses during the marriage, and in case of dissolution of the marriage - the property of the citizen ____________________ 2.7. The car acquired by the Spouses during the marriage is during the marriage the common joint property of the Spouses, and in case of dissolution of the marriage - the property of the citizen ____________________. 2.8. The land plot of ____________________, acquired by the Spouses during the marriage before the conclusion of this agreement, located on ____________________ and registered by ____________________ (by whom, when) in the name of ____________________, is the shared property of the Spouses. At the same time, citizen ____________________ owns two thirds of the named land plot, and citizen ____________________ owns one third of this plot. This condition comes into force from the date of registration of the Spouses' shared ownership of the named land plot in the prescribed manner. 3. Additional terms 3.1. Property belonging to one of the Spouses - by law or in accordance with the provisions of this agreement - cannot be recognized as the joint property of the Spouses on the ground that during the marriage, investments were made from the common property of the Spouses or the personal property of the other Spouse that significantly increase the value this property. In this case, the second Spouse has the right to proportional compensation for the cost of investments made. 3.2. In the event that both Spouses own the same type of registered property belonging to each of the Spouses separately (two residential buildings, two summer cottages, two cars, etc.), and one of the Spouses by agreement with the other Spouse, made in a simple written form , will alienate the registered property belonging to him, then after such alienation, the corresponding registered property of the second Spouse of the same type becomes the common joint property of the Spouses both for the period of marriage and in case of its dissolution. 3.3. Citizen ____________________ grants citizen ____________________ during marriage the right to use (residence with the right to register a permanent place of residence - registration) owned by citizen ____________________ on the right of ownership [or as a tenant) a residential building (apartment, room, residential premises) located at: In the event of dissolution of marriage, the right to use the named housing [the right to reside and register a permanent place of residence) of a citizen ____________________ is terminated. At the same time, the citizen ____________________ undertakes to vacate the specified housing within three days after the dissolution of the marriage, terminating the registration at the specified address of his permanent place of residence in the prescribed manner. 3.4. Each of the Spouses is obliged to notify their creditors of the conclusion, amendment or termination of the marriage contract. 4. Final provisions 4.1. The spouses are familiarized by the notary with the legal consequences of the legal regime of property chosen by them, including changes in the procedure for determining the estate. 4.2. This agreement enters into force: a) from the moment of its notarization [in the case of the conclusion of the contract after the registration of marriage); b) from the moment of registration of marriage [in the case of the conclusion of an agreement before the registration of marriage]. 4.3. The costs associated with the preparation and certification of this agreement, the Spouses pay equally. 4.4. This agreement is made in triplicate, one of which is kept by a notary ____________________, the second is issued to a citizen ____________________, the third is issued to a citizen ____________________. Signatures of the parties Topic 5. Legal relations between children and parents 5.1. Establishing the parentage of children Parental legal relations are a set of personal and property relations between a parent and his child, regulated by the norms of family law, the content of which is included in the rights and obligations of an unconditional nature, designed to ensure the process of maintenance and proper upbringing of the child. This set of rights and obligations is preceded by three legal facts: 1) the birth of a child; 2) the related condition of the child; 3) certification of origin in the prescribed manner. The basis for the emergence of the rights and obligations of parents and children is the origin of children. Origin is the biological (blood) connection of a child and his parents. The origin of a child is considered established and becomes a legal fact if it is certified in the manner prescribed by law. This procedure is the state registration of the birth of a child in the registry office. During the state registration of the birth of a child, which must be made within one month after his birth, a record of the child's birth certificate is drawn up, which indicates the necessary information that determines the personal status of the child, as well as information about his parents. An entry about the parents made by the registry office is proof of the child's origin from the persons indicated in it and can only be challenged in court. Information about the mother of the child is recorded on the basis of an appropriate medical document confirming the fact of the birth of a child by this woman (in case of childbirth outside a medical institution and without medical assistance - on the basis of a certificate of persons present at the birth). However, there may be cases where such documents are not available: in this situation, the origin of a child from a given mother (maternity) can be established in court by filing a claim to establish motherhood. Recording information about the father, if the mother is in a registered marriage, is made on the basis of the presumption (assumption) of paternity of the person who is married to her, established by law. The mother's husband is recorded as the father of the child born to her at the request of any of the spouses. The recording of the mother's husband as the father of the child is made regardless of how much time has passed from the moment of marriage to the moment of the birth of the child. The law does not set any deadlines in this case. The mother's husband is also recorded as the child's father in cases where the child was born no later than 300 days after the termination of the marriage. This rule is equally applied both in the event of termination of marriage by the death of a spouse, and in the event of its termination during the life of the spouses by divorce or recognition of the marriage as invalid (Article 48 of the UK). Thus, within 300 days after the termination of the marriage or the recognition of the marriage as invalid, the presumption of the origin of the child from a man who is married to the mother continues to operate. The record made about the father (paternity) can be challenged in court. Paternity may be challenged at any time (there is no statute of limitations in this case) when the person recorded as the father becomes aware that he is not the biological father of the child. If the father is incapacitated, his paternity may be challenged by his guardian (Articles 48, 51 and 52 UK). In cases where the parents are not married to each other, family law provides for two ways of establishing paternity. 1. Voluntary establishment of paternity. It involves the submission after the birth of a child by his father and mother, who are not married to each other, a joint application to establish paternity to the registry office. In a joint statement on the establishment of paternity, the recognition of paternity by a person who is not married to the mother of the child, and the consent of the mother herself to establish the paternity of this person in relation to the child born by her, must be confirmed. In circumstances where it is not possible to apply after the birth of the child, the law (Art. 48 UK) grants the future parents of the child the right to file a joint application to establish paternity during the mother's pregnancy. In this case, the record of the parents is made after the birth of the child, so the submitted application can be withdrawn by the father or mother at any time before the birth of the child is registered with the registry office. Voluntary establishment of paternity is also possible at the request of one father, when the mother of the child has died, has been declared legally incompetent by the court, has been deprived of parental rights by the court, or it is impossible to establish her whereabouts. In order to prevent infringement of the rights and interests of children, the filing of such an application is possible only with the prior consent of the guardianship and guardianship authority, and if the specified authority refuses to give such consent - if there is a court decision on this issue. An entry about the father of a child made on the basis of a voluntary establishment of paternity may be challenged in court. However, the court is not entitled to satisfy such a requirement if it establishes that the person who voluntarily established his paternity knew at the time of establishment that he was not the biological father of the child (clause 2, article 52 of the UK). 2. Establishment of paternity in court. In the absence of a joint statement on the establishment of paternity (refusal not only of the father, but also of the mother of the child from filing it) or a similar statement of the father of the child, paternity may be established in court. Establishing paternity in court is regulated by Art. 49 SC. Cases on the establishment of paternity are considered by the court in the order of action proceedings. The claim is brought against the alleged father of the child if he refuses to recognize the child voluntarily, or against the mother if she prevents the submission of a joint application to establish paternity to the registry office. The mother or the actual father, guardian (custodian) of the child or the person who is dependent on the child, as well as the child himself upon reaching 18 years of age (majority) have the right to apply with the requirement to establish paternity, if before his majority the requirement to establish paternity was not presented by others. authorized persons. When considering the case, the court, examining the evidence presented by the parties and requested at the initiative of the court, establishes paternity, that is, the fact of the child's origin from the defendant. At the same time, the court takes into account any evidence that reliably confirms the origin of the child from this person (confirming the cohabitation of the parties during the period of possible conception of the child, the defendant's care for the child after his birth, the defendant's recognition of himself as the father of the child in personal correspondence, in official documents, etc. . P.). In lawsuits to establish paternity, forensic medical examination data are used: gynecological, urological, genetic examination of blood. For example, a medical genetic examination of blood can give a XNUMX% certainty whether a man is the father of a given child. Expertise can be appointed by the judge at the stage of preparing the case for trial or at any stage of the process (before the decision is made) at the request of the parties, the prosecutor, or at the initiative of the court itself. In the event of the death of a person who recognized himself as the father of the child, but was not married to the mother of the child, the fact of recognizing paternity by him can be established in court according to the rules established by civil procedural legislation (Article 5 °CC). To establish the fact of recognition of paternity, evidence must be presented confirming that the person in question recognized the child as his own during his lifetime (letters, statements, various written testimonies, etc.). When paternity is established on the basis of a joint application of the parents (application of the father) or in court, illegitimate children are fully equated in their rights and obligations in relation to the father and all his relatives to children born in wedlock (Article 53 of the UK). If paternity is not established voluntarily or judicially, in the child's birth record in the "father" column, the father's surname is indicated by the mother's surname, and the name and patronymic are indicated by the mother (clause 3, article 51 of the UK). Such a recording is intended to hide the illegitimate birth of a child, but does not entail any legal consequences. At the request of a single mother, information about the father of the child may not be entered in the record of his birth, and a dash is put in the corresponding columns. 5.2. Rights of minors Russian family law and the UN Convention on the Rights of the Child recognize a minor as a person under the age of 18 and establish the basic rights of children in a family, the implementation of which provides the child with opportunities for normal development and proper upbringing. We list the basic rights of the child. 1. The right to live and be brought up in a family (Article 54 of the UK). The child has the right to live with his parents. In the absence of grounds established by law, no state body has the right to separate a child from his parents. Thus, a child may be transferred to the upbringing of other persons or placed in a children's institution against the will of the parents only in cases where the latter are deprived of parental rights or restricted in parental rights, since the court concluded that leaving the child with the parents is dangerous for him. The place of residence of children under the age of 14 is the place of residence of their parents (Article 20 of the Civil Code). When the parents live separately, they themselves determine with which of them the child will live, and in the event of a dispute, this is decided by the court based on the interests of the child and taking into account his opinion (paragraph 3 of article 65 of the UK). Minors who have reached the age of 14 may choose their place of residence with the consent of their parents. Children left for some reason without parental care, who have lost the opportunity to live in their own family, are transferred to the care of guardianship and guardianship authorities, which determine their subsequent fate. When placing such children, the legislation proceeds from the priority of their family upbringing (Article 1 of the UK). Only in cases where it is impossible to arrange a child in a family, it is envisaged to place him for upbringing and maintenance in an appropriate children's institution (Article 123 of the UK). 2. The right to communicate with parents and other relatives (Article 55 UK). The child has the right to communicate with his parents also in cases of their residence in different states (Article 10 of the UN Convention on the Rights of the Child). The right of grandfather, grandmother, brothers, sisters and other relatives to communicate with the child is protected by law. If the parents (one of them) refuse to provide close relatives of the child with the opportunity to communicate with him, the guardianship and guardianship authority may oblige the parents (one of them) not to interfere with this communication. If the parents (one of them) do not obey the decision of the guardianship and guardianship authority, close relatives of the child or the guardianship and guardianship authority have the right to apply to the court with a claim to remove obstacles to communication with the child. The court resolves the dispute based on the interests of the child and taking into account his opinion (Article 67 of the UK). A child who is in an extreme situation (detention, arrest, detention, stay in a medical institution, etc.) also has the right to communicate with his parents and other relatives. This right is exercised in the manner prescribed by law, that is, in accordance with those laws that establish the procedure for the activities of the relevant institutions. Thus, the PEC provides for the possibility and establishes the procedure for visiting convicted juveniles with their parents and other close relatives (siblings, grandparents). 3. The right to defense (Article 56 UK). Protection of the rights and legitimate interests of the child is carried out by parents. This means that they are obliged to protect the rights of their children in a variety of life situations, to protect their interests in everyday life, taking all necessary legal measures for this. Parents by virtue of the law (Article 64 of the UK) are the legal representatives of their children and have the right (and are obliged) to act in defense of their rights and interests in relations with any individuals and legal entities, including in courts. The child has the right to protection from abuse by parents (or other persons legally responsible for his upbringing), including in court if he is 14 years old. Officials of any institutions and organizations (kindergartens, schools, clinics, hospitals, etc.), as well as citizens who become aware of a threat to the life and health of a child in the family, a violation of his rights and legitimate interests, are required to report these facts to the body of guardianship and guardianship at the location of the child. Upon receipt of such information, these authorities, within their powers, must take measures to protect the child. 4. The right to express one's opinion (art. 57 UK). The child has the right to freely express his opinion when resolving any issue in the family that affects his interests. To this end, the child shall be given the opportunity to be heard in any judicial or administrative proceedings in which questions of his life and upbringing are considered (directly, through a legal representative or an appropriate body). In cases specified by law, the opinion of a child who has reached the age of 10 years is given legal significance. We are talking about changing his name and surname, about restoring parents deprived of parental rights in these rights, about adopting a child, changing the name, patronymic and surname of a child upon adoption, about recording adoptive parents as parents of a child, about changing the surname and name of a child upon cancellation of adoption, as well as on the transfer of the child to a foster family. In all these cases, the most important rights and interests of the child are affected, and the listed legal actions cannot be taken if the child objects to this. 5. The right to a name, patronymic and surname (Article 58 of the UK). The procedure for assigning a child a name, patronymic and surname is defined in the UK. In Art. 58 of the UK it is established that the name is given by agreement of the parents, the patronymic is assigned by the name of the father. The surname of the child is determined by the surname of the parents, and if they have different surnames - by agreement of the parents, unless otherwise provided by the laws of the constituent entities of the Russian Federation. Disagreements between parents about the name or surname of the child (with different surnames of the parents) are resolved by the guardianship and guardianship authorities. Information about the name, patronymic and surname is entered in the birth certificate of the child and in the birth certificate (which is issued to parents in their hands) during the state registration of the birth of the child in the registry office. If the paternity of the child is not established, then the child's name is given at the direction of the mother, the patronymic is given by the name of the person recorded in the child's birth record as his father, and the surname is given by the mother's surname. The name and surname of the child (with different surnames of the parents) can be changed before the child reaches the age of 14 at the joint request of the parents by the guardianship and guardianship authorities based on the interests of the child. Such a request may be caused by an unsuccessful combination of first and middle names, pronunciation difficulties, and other reasons. After the child reaches the age of 10 years, his consent is required. If the parents live separately (regardless of the reasons for such residence), the one with whom the child lives permanently has the right to request that the child be given his last name, which the applicant bears at the time of the application (premarital, second marriage). The issue is resolved by the guardianship and guardianship body based on the interests of the child and always with his consent if he has reached the age of 10 years. The opinion of the other parent is identified and necessarily taken into account, but is not decisive for making a final decision on changing the child's surname. Changing the name of the child is made solely in his interests. 6. Property rights (art. 6 °CC). These rights of the child include: the right to receive maintenance (alimony) from their parents or, in the presence of circumstances established by law, from other family members; the right to manage their income (earnings, scholarships, etc.); the right of ownership of the property belonging to him and the right to dispose of this property (with restrictions established in the interests of children by law). Minor children may have their own property received by inheritance, in the form of gifts or on some other legal basis (for example, things acquired with their earnings). This property is the personal property of the children and is not included in the property of the parents. However, parents, as legal representatives of their children, manage this property until the child reaches the age of majority. The Family Code does not contain specific provisions on how this administration should be carried out, but based on the general provisions on the exercise of parental rights, it should be carried out in the interests of the child, taking into account the nature of this property. Ways of disposing of the property of minors are regulated in the Civil Code. In accordance with Art. 6 °C and Art. 37 of the Civil Code, the actions of parents to dispose of the child's property (sale, exchange, lease, etc.) are allowed only with the prior consent of the guardianship and guardianship authorities. Parents have no right to the property of children, and the latter - to the property of parents, except for the right to maintenance and the right to inherit. This does not exclude the possibility of possession and use of each other's property, which is carried out by mutual consent of parents and children. These relationships in the family are usually based on trust and are consistent with the established way of family life. It is also not excluded cases when this or that property will be in the joint ownership of parents and children (for example, they jointly inherited a residential house or cottage). The order of possession, use and disposal of this common property is determined by the norms of the Civil Code on joint ownership (Articles 244-255). In conclusion, we note that the UN Convention on the Rights of the Child prohibits discrimination against a child on any grounds: depending on race, sex, language, religion, national, ethnic origin, social origin, political views. Ensuring these rights is the task of constitutional, not family law. Family law is designed to prevent discrimination against a child in family relationships.[7] 5.3. Rights and obligations of parents Parental rights are understood as a set of rights and obligations that belong to parents as subjects of parental legal relations. Parents are vested with parental rights for the period when the upbringing and necessary care of the child must be carried out, that is, until the child reaches the age of majority (until he reaches the age of 18). Parental rights also terminate when minor children enter into marriage or in the event of their emancipation. Emancipation is understood as the declaration of a minor who has reached the age of 16, fully capable, if he works under an employment contract (contract) or, with the consent of his parents, is engaged in entrepreneurial activities. Emancipation is carried out by decision of the guardianship and guardianship authority with the consent of both parents (persons replacing them - adoptive parents, trustees, adoptive parents), and in the absence of their consent - by court decision (Article 26 of the Civil Code). Parents have the right and duty to raise their children and are responsible for their upbringing and development. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children, taking into account the age, state of health and other characteristics of the child's personality. Parents are also obliged to ensure that their children receive basic general education (that is, education in the amount of nine classes of a general education school) and have the right to choose the type of educational institution and form of education for their children (clause 2, article 63 of the UK). In resolving this issue, parents should act in the best interests of their children, taking into account, if possible, their opinion. It should also be noted that, in accordance with Art. 64 of the UK, parents are the legal representatives of their children and act in defense of their rights and interests in relation to any individuals and legal entities, including in courts, without special powers. Each of the parents has the right to represent the rights and interests of his child, if he himself has the legal capacity to perform legal actions and is not deprived of parental rights. When exercising parental rights, parents are free to choose the methods (means and methods) of education. There is only a general restriction: in accordance with Art. 65 of the UK, when exercising parental rights, parents do not have the right to harm the physical and mental health of children, their moral development. Ways of raising children should exclude neglect, cruel, rude, degrading treatment, abuse or exploitation of children. Improper exercise by parents of their parental rights (duties) may cause adverse family and legal consequences, as well as entail civil, administrative and criminal liability. Parents bear civil liability for harm caused by their minor children. They are fully responsible for the harm caused by their children under the age of 14, and bear subsidiary (additional) liability for the harm caused by their children aged 14 to 18 (Articles 1073 and 1074 of the Civil Code). Parents deprived of parental rights also bear civil liability for harm caused by their children, if the harm was caused by the child within three years after the parents were deprived of parental rights and if the child’s behavior that caused the harm was the result of improper performance of parental duties (Art. 1075 GK). Failure to perform or improper performance of the duties of raising children entails criminal liability if this act is connected with cruelty to children (Article 156 of the Criminal Code). Parents can also be held criminally liable for involving children in the systematic use of alcoholic beverages, intoxicating substances, in prostitution, vagrancy or begging, in the commission of a crime by promises, deceit, threats or in any other way (Articles 150 and 151 of the Criminal Code). The law protects the parental rights of the father and mother, providing parents with the opportunity to personally carry out the upbringing of their children. Parents have a preferential right to raise their children over all other persons (Article 63 of the UK) and have the right to demand the return of children from any person holding the child not on the basis of the law or a court decision (Article 68 of the UK). However, situations are possible when the court has the right to transfer the child to the custody of the guardianship and guardianship body with its subsequent placement in another family or child care institution, if it establishes that neither the parents nor the person who has the child are able to ensure his proper upbringing and development . 5.4. Deprivation of parental rights Deprivation of parental rights is a sanction applied in cases where the health, physical, mental, spiritual and moral development of the child is endangered due to the use by parents of unlawful methods of exercising parental rights, their unworthy behavior or malicious evasion of parental duties. Parents or one of them are deprived of parental rights if the court determines that they: a) evaded parental duties (including maliciously evading child support payments); b) refused, without good reason, to take the child from the maternity hospital, hospital or other children's institutions where he was placed (i.e., in essence, abandoned his child); c) abused their parental rights (for example, interfered with the education of children, persuaded them to beg, etc.); d) mistreated children (performed physical or mental violence against them, encroached on their sexual inviolability, used unacceptable methods of education that degrade their human dignity, etc.); e) are chronic alcoholics or drug addicts; f) have committed an intentional crime against the life and health of their child or against the life and health of their spouse - the other parent of the child. One of the parents, the guardian (custodian) of the child, his adoptive parents, guardianship and guardianship authorities, commissions for minors, the administration of the institution in which the child is supported and educated (children's home, children's home at home, etc.), other bodies and institutions that are responsible for protecting the rights of minors, as well as the prosecutor. Relatives of the child, neighbors, teachers of schools, preschool institutions and other citizens who are witnesses of indecent behavior of parents have the right to apply with a statement about this to the guardianship and guardianship authorities or to the prosecutor, on which the transfer of the case to court depends. Guardianship and guardianship authorities are involved in the resolution of such cases. These bodies (even in those cases when they themselves are the initiators of the initiation of the case) conduct appropriate examinations, give their opinion, and their representative is required to participate in the consideration of the case. The court is not bound by the conclusion of the guardianship and guardianship body (to deprive or not to deprive parents of parental rights), but if it does not agree with it, then it must justify its decision. The public prosecutor is also an obligatory participant in the trial on deprivation of parental rights. When parents (or one of them) are deprived of parental rights, they lose the opportunity to participate in the upbringing of the child and communicate with him. If one of the parents loses parental rights, the child is transferred to the upbringing of the other. If both parents are deprived of parental rights or a parent who is not deprived of rights, for some reason is unable to raise a child, the latter is transferred to the care of guardianship and guardianship authorities, which determine his future fate. Depending on the age, a guardian or trustee is assigned to the child, the child can be transferred to a foster family or for adoption, or placed in a children's institution (the type of which is chosen depending on the child's age, state of health, etc.). When a child lives together with parents who are deprived of parental rights, the court simultaneously decides on the possibility of their further cohabitation, taking into account specific circumstances and the legal regime of housing. It is possible that children and parents live in a residential area that is their common property or the property of a parent deprived of parental rights, and it is impossible to evict him. In order to ensure separation from him, the child moves to another parent or to a guardian appointed to him, or is placed in a child care institution. At the same time, he retains the right of ownership of the living space (with common ownership of housing) or the right to use the living space owned by his parent deprived of parental rights. Parents deprived of parental rights are no longer paid the pensions, allowances, etc. assigned to their children. But the child does not lose the right to these payments: they will be paid for the maintenance of the child to the person who will continue to raise him. Deprivation of parental rights also affects the civil status of parents. Such citizens cannot be guardians (custodians), adoptive parents and adoptive parents of other children. They also cannot consent to the adoption of their natural child by others. At the same time, deprivation of parental rights does not release parents from the obligation to support their children. Therefore, when deciding on the deprivation of parental rights, the court simultaneously decides on the recovery of child support from parents. Alimony is paid to the person for whose upbringing the child will be transferred (to another parent, guardian or custodian, foster parents), or credited to the account of the children's institution in which the child will be placed. The administration of the children's institution is obliged to ensure that these funds are kept separately for each child. At the end of the child's stay in a children's institution, the amounts of alimony received on him are credited to the child's account opened in his name at a branch of the Savings Bank of the Russian Federation (Article 84 of the UK). The deprivation of parental rights is indefinite, however, the circumstances that led to the need to take such measures can be eliminated, and in this case, the law provides for the possibility of restoring parental rights (Article 72SK). Restoration of parental rights, as well as the return of a child to parents, can take place only as a result of a court decision at the request of the parent concerned. When deciding on the restoration of parental rights and the return of the child, the court must make sure that such a decision in each specific case will meet the interests of the child and that the necessary conditions for his life and upbringing will be created in the parental family. The court also takes into account the relationship of the child to the parent, the degree of his attachment to him, the individual characteristics of the child. Sometimes the child is so weaned from the parent, or such difficult memories of living together have been preserved in his memory that the return of the child to this family can seriously injure him, affect his physical and mental state. If the child has reached the age of 10 years, then the restoration of parental rights is possible only with his consent. Restoration of parental rights is generally not allowed if the child has been adopted and the adoption has not been canceled by a court. Adoption of a child in case of deprivation of parents (or one of them) of parental rights is allowed after six months after the issuance of the relevant court decision (Article 71 of the UK). 5.5. Restriction of parental rights Restriction of parental rights is the removal of a child from parents without deprivation of parental rights. Restriction of parental rights, depending on the circumstances, can be both a measure to protect the interests of children and a measure of responsibility. In accordance with paragraph 2 of Art. 73 of the UK, children can be taken away from their parents if leaving the child with them is dangerous for the child due to circumstances beyond the control of the parents. In particular, such a situation may arise if one of the parents suffers from a mental disorder, another chronic illness, or cannot take care of the child as a result of a combination of difficult circumstances. In these cases, the parents are not to blame for the situation, therefore, they cannot be held accountable. Restriction of parental rights is carried out in court. Cases on restriction of parental rights are considered in the order of action proceedings with the obligatory participation of the prosecutor and guardianship and guardianship authorities. A lawsuit can be filed in court by those bodies and organizations whose duties include protecting the rights of minor children (guardianship and guardianship authorities, commissions for minors, etc.), close relatives of the child and other persons who come into contact with the child in everyday life: employees of preschool institutions, schools, medical and other institutions, as well as the prosecutor. Unlike deprivation of parental rights, restriction of parental rights is applied in cases where parents are unable to properly exercise their parental rights through no fault of their own (mental or other serious illness, a combination of difficult life circumstances, etc.) or when a child is left with parents is dangerous for him because of their behavior, however, the deprivation of parental rights, according to the court, is inappropriate. In the latter case, the behavior of the parents for six months is under the control of the body of guardianship and guardianship. If the parents do not change their behavior for the better within the specified period, the guardianship and guardianship body is obliged to file a claim for the deprivation of such parents of parental rights. In the interests of the child, an action may also be brought before the expiration of the six-month period. The consequences of restricting parental rights are established in Art. 74 SC. Parents, whose parental rights are limited by the court, lose the right to personal upbringing of the child, as well as the right to benefits and state benefits established for citizens with children. However, unlike persons deprived of parental rights, they may be allowed contact with the child. These contacts are carried out with the consent of the guardianship and guardianship authorities or the persons with whom the child is being raised (guardians (custodians), foster parents, the administration of the children's institution). Contacts are not allowed if they adversely affect the child (Article 75 UK). Cancellation of the restriction of parental rights is possible only in court at the request of the parents (or one of them), in respect of whom this restriction was applied, but only if the circumstances that led to this have disappeared (family circumstances that created a threat to the child, the parent has recovered from alcoholism, etc.). The court may refuse to satisfy the claim if the return of the child to the parents is contrary to his interests (Article 76 of the UK). In accordance with Art. 77 of the UK also allows pre-trial, immediate removal of a child from his parents or other persons in whose care he is, in cases of a direct threat to his life or health. The immediate removal of the child is carried out by the guardianship and guardianship body on the basis of the relevant decision of the local self-government body. In order to ensure the rights of the child and prevent arbitrariness, the body of guardianship and guardianship is obliged to immediately notify the prosecutor about the removal of the child, provide temporary accommodation for the child, and within seven days after the decision on removal is made, file a lawsuit with the court to deprive the parents of parental rights or to restrict parental rights. The law is aimed at the possible preservation of the family and the connection between parents and children by leaving some contacts between them. The legal relationship of the child with parents whose parental rights are limited forms the basis of his contacts with them when there is hope for the restoration of a normal, healthy relationship. At the same time, one cannot ignore that the restriction of rights is most often associated with the absence of the parent's fault. The condition for maintaining the personal connection of a parent whose rights are limited with minor children is the observance of the rule "if this does not have a harmful effect on the child." Therefore, the need to continue contact between them largely depends on the causes of the situation that is dangerous for the child. There cannot be the same approach. When the restriction of parental rights is caused by a severe mental illness of the parent, then during the period of remission of his morbid condition, it makes sense not to interfere with his meetings with the child. Such meetings may be short-lived and supervised by the surrogate parent. If the danger that caused the restriction of parental rights comes from other family members (a parent deprived of parental rights, stepfather, grandfather, etc.), it is hardly worth banning visits from the child of the parent who was unable to neutralize this danger, to eliminate it. It goes without saying that contact with him should be carried out outside the walls of the house where there was and is a threat to the minor. Contacts imply the existence of different forms of communication - from personal (of different duration) meetings to brief dates in the presence of a teacher, educator, person replacing parents, members of his family. This can be both correspondence with the child and telephone conversations with him, which help to keep in touch with the child, to maintain in him good feelings for the parent, when they are. Over time, the thread of such a connection can become stronger and become a real prerequisite for eliminating the danger that existed in the family. Thus, the question of the child's contact with the parents, from whom he was taken away by the court, has a deep psychological and pedagogical implication. It is important that consent to this communication be given by those who have the opportunity to assess the specific situation, determine the true interests of the child and, no less important, see for themselves that communication with the parents (one of them) is useful or, on the contrary, can harm the child. Contacts of a child with parents may occur with the consent of the guardianship and guardianship authority, the guardian (custodian), the foster parents of the child, the administration of the institution in which the child is located. This means the consent of one of the listed persons who directly care for the minor. Additional sanction for such consent from the guardianship and guardianship authorities is not required. In a situation requiring qualified advice, it can be given by guardianship and guardianship authorities.[8] Topic 6. Maintenance obligations 6.1. Maintenance obligations of parents A child (a person under the age of 18) has the right to receive maintenance from his parents and other family members in the manner and amount established in Sec. V SK "Maintenance obligations of family members". The amounts due to the child as alimony are placed at the disposal of the parents (persons replacing them) and are spent by them on the maintenance, upbringing and education of the child. When paternity is established in the manner prescribed by the UK (Article 48-50), children have the same rights and obligations in relation to their parents and their relatives as children born from persons who are married to each other (Article 53 of the UK) . It should be noted that the deprivation or restriction of parental rights does not relieve parents from the obligation to support their child (paragraph 2 of article 71, paragraph 2 of article 74 of the UK). When considering a case on deprivation (or restriction) of parental rights, the court decides on the recovery of child support from parents (or one of them) deprived of parental rights (clause 3, article 70, clause 5, article 73 of the UK). In a similar way, the issue of preserving the child’s right to the alimony due to him is resolved in cases of transferring the child to a foster family or to a family-type orphanage (see clause 4, article 154 of the UK, clause 10 of the Rules for organizing a family-type orphanage, approved by a government decree RF dated March 19.03.2001, 195 No. 50 "On the family-type orphanage"). At the request of a parent who is obliged to pay alimony for minor children, the court has the right, based on the interests of the children, to make a decision to transfer no more than 203% of the amount of alimony payable to accounts opened in the name of minor children in banks. If such a claim is made by a parent from whom alimony is collected on the basis of a court order or court decision, then it is resolved by the court according to the rules of Art. XNUMX Code of Civil Procedure. For children left without parental care, alimony is collected in accordance with Art. 81-83 of the UK and are paid to the guardian (custodian) of children or their adoptive parents. The law does not release parents from the obligation to support their children, even if they are placed on full state support. Alimony collected from parents for children left without parental care and who are in educational or medical institutions, institutions of social protection of the population and in other similar institutions are credited to the accounts of these institutions, where they are accounted separately for each child (paragraph 2 of article 84 of the UK ). Separate bank accounts for each child are not opened. The expenses for the maintenance of such children are collected in favor of these institutions only from the parents of the children and are not subject to collection from other family members who bear maintenance obligations in relation to the children. These institutions have the right to place the received amounts in banks. This right was granted to them in order to protect the funds for the maintenance of children from inflation and to obtain additional income. Half (50%) of the income from the circulation of received amounts of alimony is used for the maintenance of children in these institutions. When a child leaves such an institution, the amount of alimony received on him and 50% of the income from their circulation are credited to an account opened in the name of the child in a branch of the Savings Bank of the Russian Federation (Article 84 of the UK). The legislation of the Russian Federation proceeds from the recognition of the principle of common and equal responsibility of parents for the upbringing and development of the child. The obligation of parents to support their minor children is established by Art. 8 °CK (see also part 2 of article 38 of the Constitution). The procedure and form of providing maintenance to minor children are determined by the parents independently. Parents have the right to conclude an agreement on the maintenance of their minor children (agreement on the payment of alimony) in accordance with the rules of the UK. An agreement concluded in accordance with the requirements of the law allows you to receive and pay alimony on the basis of the agreements reached in the agreement. If, in the presence of an agreement on the payment of alimony by the parents, payments in accordance with its terms are not made, then it is possible to bring a claim for the enforcement, amendment or termination of the agreement in court or to recognize the agreement as invalid. In the event that parents do not provide maintenance for their minor children, the funds for their maintenance (alimony) are recovered from the parents in a judicial proceeding. Another parent, guardian, custodian or other person or institution performing the functions of a guardian or custodian in relation to the child can apply to the court with a claim for the recovery of alimony from the parents (one of them) for minor children. In accordance with Art. 8 °CC funds for the maintenance of minor children, recovered from parents in a judicial proceeding, are awarded until the children reach the age of majority. However, if a minor, for whom alimony is collected by court order or by a court decision, before reaching the age of 18 years, acquires legal capacity in full (clause 2, article 21, clause 1, article 27 of the Civil Code), then the payment of funds for his maintenance in accordance with paragraph 2 of Art. 12 °C stops. In order to protect the rights and interests of the child, the guardianship and guardianship body has the right to file a lawsuit in court for the recovery of alimony for minor children against their parents (one of them) if the following conditions are met: - there is no agreement between the parents on the payment of alimony; - Parents do not provide maintenance to minor children; - The parents did not file a lawsuit in court for the recovery of alimony. Alimony for minor children in the absence of an agreement on the payment of alimony is collected in court from their parents on a monthly basis in the following amounts: ? for one child - one fourth; ? for two children - one third; ? for three or more children - half of the earnings and (or) other income of the parents. The size of these shares may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances (Article 81 of the UK). The possibility of reducing or increasing the amount of alimony collected allows you to take into account the interests of both the recipient and the alimony payer as much as possible. Recovery of alimony for minor children can be made in a fixed amount of money. The conditions under which the court has the right to determine the amount of alimony in a fixed amount of money (or both in a fixed amount of money and in shares) are provided for in Art. 83 SC. In the absence of an agreement between the parents on the payment of maintenance for minor children and in cases where the parent obliged to pay maintenance has irregular, changing earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind and in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the recovery of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected on a monthly basis, in a fixed amount of money or simultaneously in shares (in accordance with Article 81 of the UK) and in a fixed amount of money. The size of the fixed sum of money is determined by the court based on the maximum possible preservation of the child's previous level of support. In addition, when determining the amount of alimony to be collected from a parent for minor children, the court must take into account the financial and marital status of the parties, as well as other circumstances or interests of the parties that deserve attention. Such circumstances may include, for example, the disability of family members to whom, by law, the party is obliged to provide maintenance, the onset of disability or the presence of a disease that prevents the continuation of the previous work, the child's admission to work or his entrepreneurial activity. When collecting alimony in a fixed amount of money, such an amount is determined in a multiple ratio with the minimum wage established by law at the time of collecting alimony. 6.2. Alimony obligations of adult children Able-bodied children who have reached the age of 18 must take care of disabled parents. This provision is enshrined in Art. 38 of the Constitution. In accordance with it, Art. 87 of the UK establishes the obligation of able-bodied adult children to support their disabled parents in need of assistance and take care of them. The fact that parents are supported by a state institution does not release children from the obligation to take care of them and provide them with material assistance. When children evade the fulfillment of the obligation to support their parents, alimony may be recovered from them in court. At the same time, the court has the right to release children from paying alimony if it establishes that the parents at one time (before the children reached the age of majority) shied away from parental duties. The amount of alimony exacted from each of the children is determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties. Therefore, different amounts may be collected from each of the children. If the demand for the recovery of alimony is presented only to one (or several) of all children, the court has the right, when determining the amount of alimony, to take into account the obligation of other children to support their parents and, accordingly, determine the specific amount to be recovered. Alimony for parents is collected in a fixed amount and is payable monthly with subsequent indexation. When the financial or marital status of parents and children changes, each of them has the right to ask the court to increase or decrease the amount of alimony accordingly, or to exempt them from paying them (Article 119 of the UK). Children and their parents can enter into an agreement on the payment of alimony. An agreement on the payment of alimony to parents can be concluded regardless of whether the parents are disabled or needy or not. In the absence of an agreement on the payment of alimony, alimony for disabled parents in need of assistance is collected from able-bodied adult children in a judicial proceeding. The amount of alimony exacted from each of the children is determined by the court based on the financial and marital status of the parents and children and other interests of the parties deserving attention in a fixed amount of money payable monthly. When determining the amount of alimony, the court has the right to take into account all able-bodied adult children of a given parent, regardless of whether the claim is made against all children, one of them, or several of them. Children may be released from the obligation to support their disabled parents in need of assistance if the court establishes that the parents shied away from parental duties. Evasion of parents from fulfilling their duties can be expressed in a lack of concern for the well-being and development of children, a refusal to provide them with maintenance, in the removal from education, and in other actions. Children are exempted from paying alimony to parents deprived of parental rights. Based on paragraph 1 of Art. 71 of the UK, parents deprived of parental rights lose all rights based on the fact of kinship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him. Adult children, under certain conditions, are required to participate in additional expenses for parents (Article 88 of the UK). The procedure for incurring these expenses and their amount may be determined by agreement of the parties. Attracting adult children to participate in bearing additional expenses for parents in a judicial proceeding is possible under the following conditions: a) if adult children do not take care of disabled parents; b) in the presence of exceptional circumstances that entailed the need for additional costs. The law includes serious illness, mutilation of a parent, the need to pay outside care for him, etc. to exceptional circumstances. The procedure for incurring additional expenses by each of the adult children and the amount of these expenses are determined by the court, taking into account the material and marital status of the parents and children and other noteworthy interests of the parties. In particular, all able-bodied adult children of the parent (whose children are involved in additional expenses) are taken into account, regardless of whether the requirement is made for all children, one of them, or several of them. If the court finds that the parents shied away from parental duties, the court may release the children from the obligation to bear additional expenses for these parents. The same consequences apply to parents deprived of parental rights. In conclusion, we note that caring for elderly parents, their material support is not only a legal obligation of adult and able-bodied children, but also their moral duty and civic duty. It should not be forgotten, especially since the parents themselves, for moral reasons, rarely resort to judicial protection, not considering it possible for themselves to remind their children of their existence with the help of the court. 6.3. Alimony obligations of spouses (former spouses) Spouses (former spouses) are obliged to provide maintenance to each other subject to the conditions (legal facts) established by law. The conditions (legal facts) for the provision of maintenance are the incapacity for work and the need of the spouse, that is, the impossibility of providing one's maintenance with one's own means. The spouse retains the right to receive alimony even after the dissolution of the marriage, provided that his disability occurred before the dissolution of the marriage or within one year from the date of the dissolution of the marriage. In cases where the spouses have been married for a long time, the court has the right to collect alimony in favor of the spouse who has reached retirement age, no later than five years after the divorce. The wife also has the right to receive alimony during pregnancy and for three years from the date of the birth of the child. A woman retains this right even if the marriage is dissolved, however, on condition that the pregnancy occurred before the divorce. At the same time, the wife (ex-wife) does not need to prove the fact of her disability and neediness, since during pregnancy, the ability to work gradually decreases, and by the end of pregnancy, during childbirth and at a certain time after them, it is completely lost. During pregnancy and after childbirth, expenses rise sharply: a woman needs additional funds for food, special clothing, rest, treatment, etc. These expenses must be borne by both spouses. The payment of state benefits to a woman for pregnancy and childbirth, for the care of a small child, as well as the payment of funds (alimony) for the maintenance of a child, do not release the husband from the obligation to support his wife. The spouse (ex-spouse) who takes care of a disabled child until the child reaches the age of 18 or a child disabled from childhood of group I is also entitled to alimony. Spouses (former spouses) have the right to independently determine the amount of alimony and the procedure for their provision by concluding an appropriate written agreement and certifying it with a notary. In such an agreement, they have the right to decide on the provision of content at their discretion. In particular, it can be envisaged that the ex-spouse, who is not entitled to demand maintenance in court, will have the right to alimony. For example, one of the spouses may, by agreement, be entitled to alimony in the event of the termination of the marriage, regardless of whether he is disabled and in need or not. It is possible to conclude an agreement authorizing the spouse to receive maintenance, regardless of at what point after the conclusion of the marriage he became disabled. In the absence of an agreement on the payment of alimony, the amount of alimony is established by the court when deciding on the collection of alimony at the claim of an interested person (a disabled and needy spouse, a pregnant wife, etc.). The amount of alimony is established by the court in a fixed amount of money corresponding to a certain number of minimum wages. When determining the amount of alimony, the financial and marital status of each of the spouses and other noteworthy interests of the parties are taken into account. The alimony collected by the court is paid monthly (Article 91 of the UK) and is subject to subsequent indexation. The court has the right to generally refuse to award alimony or limit their payment to a certain period in the following cases: - if the incapacity for work of the spouse (former spouse) occurred as a result of the abuse of alcohol, drugs or as a result of the commission of an intentional crime; - in the case of a short stay of the spouses in marriage; - in case of unworthy behavior in the family of the spouse (ex-spouse), requiring the payment of alimony (neglect of family obligations, constant adultery, abuse of wife and children, etc.). The placement of a spouse receiving alimony from the other spouse in a home for the disabled on state support or transferring it to the provision (care) of public or other organizations or individuals (for example, in the case of a contract for the sale of a house (apartment) with the condition of life maintenance) may be the basis for the release of the alimony payer from their payment. Such an exemption is allowed provided that there are no exceptional circumstances that make additional expenses necessary (special care, treatment, food, etc.). In accordance with paragraph 2 of Art. 12 °CC the right of the spouse to receive maintenance is lost if the conditions that are pursuant to Art. 89 SC grounds for obtaining content. Court in accordance with paragraph. 1 Article. 119 The UK may also reduce the amount of child support paid under an earlier decision, taking into account the nature of the additional costs. Alimony relations of former spouses are terminated when the spouse receiving alimony enters into a new marriage. From that moment on, he has the right to receive maintenance from his new spouse. At the same time, Art. 12 °CC connects the termination of the right to alimony only with the entry into a registered marriage, i.e. the actual marital relationship does not affect the maintenance obligation. This can lead to a significant violation of the rights of the former spouse paying alimony: an unscrupulous recipient of alimony may deliberately not register a marriage in order to maintain the right to support. Therefore, in cases where a spouse who is in de facto marital relations does not register a marriage in order to continue receiving alimony from the former spouse, the court must apply the rules of Art. 12 °C in order of analogy of the law.[9] 6.4. Alimony obligations of other family members Other family members are also required to help family members in need, whether they live together or not. The law refers to other family members: brothers and sisters, grandfather (grandmother) and grandchildren, stepsons (stepdaughters), actual pupils. The maintenance obligations of the indicated family members are maintenance obligations of the second priority and have a subsidiary (additional) nature to the maintenance obligations of the first priority (parents, adult children, spouses). As a general rule, other members of the family may be charged with maintenance only if they have the necessary funds to pay alimony. The maintenance duty of adult and able-bodied brothers and sisters (Article 93 of the UK) in relation to minor brothers and sisters (full and half-blooded) arises only if the latter cannot receive maintenance from their parents (as a result of the death of parents, their unknown absence, evasion of alimony, their lack of necessary funds), and in relation to disabled needy brothers and sisters - in the absence of the latter's ability to receive alimony for their maintenance from their children (able-bodied and adults), spouses (former spouses) or from parents. Another condition for imposing an alimony obligation on brothers and sisters is that they have the funds necessary for the payment of alimony. They are recognized as possessing these funds if the payment of alimony does not lead to a significant decrease in their standard of living. The imposition of alimony obligations on grandfathers (grandmothers) in relation to their grandchildren (granddaughters) is similarly stipulated (Article 94 of the UK). At the same time, the obligation to provide maintenance to grandchildren (granddaughters) is assigned to both able-bodied and disabled grandfathers (grandmothers). Adult and able-bodied grandchildren (granddaughters) who have the necessary means, in turn, are obliged to support their disabled grandparents who need help, but only in cases where alimony cannot be received from the children or spouses (former spouses) of these persons (Art. 95 UK). Persons who actually raised a child without formalizing these relations (the so-called "actual educators") may demand maintenance from their former and already adult pupil if they themselves become disabled and need help and cannot receive alimony from their adult able-bodied children or from spouses (former spouses). The obligation to maintain the actual educators is assigned to the actual pupils if they were brought up and maintained for at least five years, and their upbringing and maintenance was carried out by the actual educators properly. In the absence of these conditions, the court has the right to release the actual pupils from the obligation to maintain the actual educators (Article 96 of the UK). At present, the law does not provide for the maintenance obligation of de facto educators in relation to their former de facto pupils. Adult and able-bodied stepchildren and stepdaughters (children of one of the spouses from a previous marriage) are required to support their disabled stepfather or stepmother who needs help, if the latter supported and raised them (Article 97 of the UK). The obligation to support the stepfather (stepmother) is assigned to the stepson (stepdaughter) only when he himself has the necessary means for this, and the stepfather (stepmother) cannot receive maintenance from his own adult and able-bodied children or from his spouse (ex-spouse). The court has the right to release the stepson (stepdaughter) from the obligation to support the stepfather (stepmother), if the latter performed his duties of raising and maintaining his stepson (stepdaughter) improperly, or if he raised and supported him for less than five years. A stepfather (stepmother) is not required by law to support his adult stepsons (stepdaughters) who are unable to work. The amount of alimony collected for brothers and sisters, grandchildren and granddaughters, grandfathers and grandmothers, de facto educators, stepfathers and stepmothers, is established by the court in a fixed sum of money based on the material and marital status of the person obliged to pay alimony, and the person in whose favor alimony, as well as other noteworthy interests of the parties (for example, the needs of a person claiming alimony for treatment, additional food, outside care, etc.). In cases where several persons are obliged to pay alimony at once (for example, a brother, sister and grandfather), they are all obliged to pay in equal shares. However, the court, taking into account the financial and marital status of each of them, has the right to determine different amounts to be paid to them. If a claim for the recovery of alimony is brought against only one of them, the court has the right to take into account all the persons obliged to pay alimony, and accordingly determine their specific amount. The alimony collected by the court is paid monthly and is subject to subsequent indexation (Article 98 of the UK). The amount and procedure for paying alimony for brothers and sisters, grandfathers and grandmothers, grandchildren and granddaughters, actual educators, stepfathers and stepmothers may be determined by agreement of the parties. In the absence of an agreement, the amount of alimony to be exacted in a judicial proceeding, in each individual case, is established by the court based on the financial and marital status of the alimony payer and recipient and other noteworthy interests of the parties in a fixed amount of money payable monthly. When making a court decision against several defendants, the court indicates in what proportion each of the defendants must execute the court decision, or indicates that their liability is joint and several (part 2 of article 207 of the Code of Civil Procedure). 6.5. The procedure for paying alimony Family law contains a provision according to which, in the absence of an agreement on the payment of alimony, persons entitled to receive maintenance from other family members have the right to apply to the court with a claim for the recovery of alimony (Article 106 of the UK). At the same time, the law limits the right of persons who have entered into an agreement on the payment of alimony with alimony payers to file a claim for the recovery of alimony. This is explained by the fact that the agreement is a voluntary act, and when it is concluded, the parties come to a decision to receive (respectively, and pay) alimony in the manner and on the conditions that are agreed upon by both parties when it is concluded. If there is an agreement on the payment of alimony, the claim for the recovery of alimony will not be granted. Cases on the recovery of alimony are considered in courts of general jurisdiction according to the rules of civil proceedings, in which the parties are the plaintiff and the defendant. In accordance with Art. 48 of the Civil Procedure Code, citizens have the right to conduct their cases in court in person or through representatives. Personal participation in the case of a citizen does not deprive him of the right to have a representative in this case. The Code of Civil Procedure (Article 49) defines persons who can be representatives in court: these are capable persons with duly executed powers to conduct the case. The legislation of the Russian Federation defines the circle of persons who have the authority of representatives by virtue of law (legal representatives). Thus, the rights, freedoms and legitimate interests of incapacitated or not fully capable citizens are protected in court by their parents, adoptive parents, guardians, trustees or other persons to whom this right is granted by federal law. In a case in which a citizen who has been recognized as missing in accordance with the established procedure must participate, the person to whom the property of the missing person has been transferred for trust management acts as his representative. Representatives in court cannot be judges, investigators, prosecutors, with the exception of cases of their participation in the process as representatives of the relevant bodies or legal representatives (Article 51 of the Code of Civil Procedure). The powers of the representative must be expressed in a power of attorney issued and executed in accordance with the law (Article 53 of the Code of Civil Procedure). Powers of attorney issued by citizens can be certified: - in a notarial order; - the organization in which the principal works or studies; - housing maintenance organization at the place of residence of the principal; - the administration of the institution of social protection of the population in which the principal is located, as well as the inpatient medical institution in which the principal is being treated, the commander (head) of the relevant military unit, formation, institution, military educational institution, if powers of attorney are issued by military personnel, employees of these units , formations, institutions, military schools or members of their families. The powers of attorney of persons in places of deprivation of liberty shall be certified by the head of the respective place of deprivation of liberty. Legal representatives present to the court documents certifying their status and powers. The right of a lawyer to appear in court as a representative is certified by a warrant issued by the relevant bar association. The powers of a representative may also be determined in an oral statement recorded in the minutes of the court session, or in a written statement of the principal in court. In order to consider a claim for the recovery of alimony in the order of writ proceedings, the following conditions must be present: 1) a claim for the recovery of alimony for minor children is filed; 2) this requirement is not related to establishing paternity, contesting paternity (maternity) or the need to involve other interested parties (Article 122 of the Code of Civil Procedure). For other alimony claims, the protection of the right can be carried out only in the order of action proceedings. The initiation of writ proceedings can be carried out by the alimony collector himself, his representative (see above about representation) with duly certified powers (Articles 53, 54 of the Code of Civil Procedure). Parents, adoptive parents (if the adoption was made by one person), guardians or trustees, adoptive parents, administration of the children's institution where children are brought up can also be applicants in cases on issuing a court order. Disputes about alimony are considered in the order of action proceedings, that is, by filing a claim with the court for the recovery of alimony, in particular, if: a) an agreement on the payment of alimony has not been concluded between the person entitled to receive maintenance and the person obliged to pay alimony; b) the court order is canceled (if the alimony claim was considered in the order of writ proceedings and the debtor raised his objections to the execution of the court order); c) a claim has been made for the recovery of alimony for adult disabled children or other family members; d) the claim is related to the need to involve other interested parties (for example, if the debtor pays alimony to other persons by a court decision or they make payments under other executive documents; simultaneously with the claim for the recovery of alimony, a claim was filed to establish paternity; the claim is related to contesting paternity or motherhood). The claim is brought to the court at the place of residence of the defendant (Article 28 of the Code of Civil Procedure). A claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Russian Federation may be brought in court at the location of his property or at his last known place of residence in the Russian Federation. Claims for the recovery of alimony and the establishment of paternity may also be brought by the plaintiff to the court at his place of residence (parts 1-3 of article 29 of the Code of Civil Procedure). The form and content of the statement of claim are determined by Art. 131 Code of Civil Procedure. The statement of claim is submitted to the court in writing. Alimony is awarded from the moment of applying to the court, that is, in all cases on the recovery of alimony, if the claim is satisfied, alimony is awarded from the day the claim is filed and for the future. This is a general rule. Under certain conditions, alimony may also be awarded for the past period. So, if a person entitled to receive alimony, before applying to the court, took measures to receive funds for maintenance, but the alimony was not received due to the evasion of the person obliged to pay alimony from paying them, then the court may award alimony for the past period. It must be borne in mind that these circumstances must be established by the court, for which the plaintiff should provide the court with relevant evidence. In a case on the recovery of alimony, the court has the right to make a decision on the recovery of alimony before the court decision on the recovery of alimony enters into force, and in the case of recovery of alimony for minor children - before the court makes a decision on the recovery of alimony (clause 1, article 108 of the UK). The amount of alimony to be recovered is determined by the court based on the financial and marital status of the parties. The amount of alimony collected for minor children is determined in accordance with Art. 81 UK, i.e. monthly in the amount of one child - 1/4, for two children - 1/3, for three or more children - 1/2 of the earnings and (or) other income of the parents. The court has the right to reduce or increase the size of these shares, taking into account the financial or marital status of the parties and other noteworthy circumstances. The obligation to withhold alimony from wages is assigned by law to the administration of the organization where the alimony payer works. In accordance with Art. 109 of the UK, the administration of the organization at the place of work of a person obliged to pay alimony on the basis of a notarized agreement on the payment of alimony or on the basis of a writ of execution is obliged to withhold alimony monthly from the salary and (or) other income of the person obliged to pay alimony. Payment and transfer of alimony are made by the administration at the expense of the person obliged to pay alimony to the person receiving alimony, no later than within three days from the date of payment of wages and (or) other income to the person obliged to pay alimony. Thus, the UK establishes a unified procedure for withholding alimony under a writ of execution and a notarized agreement. The obligation to withhold alimony rests with the administration of organizations, regardless of their organizational and legal form and form of ownership. The legislation establishes limits on the amount of deductions from wages and equivalent payments and payments. So, when executing a writ of execution, no more than 50% of wages and equivalent payments and extraditions can be withheld from the debtor until the amounts recovered are fully repaid. When withholding from wages and equivalent payments and issuances under several executive documents, the employee must be kept 50% of earnings. These restrictions do not apply to the recovery of alimony for minor children. In this case, the amount of deductions from wages and equivalent payments and payments cannot exceed 70%. These rules are also applied when foreclosing the scholarships, pensions, remuneration due to the debtor for the use by the author of his copyright, the right to discover, invention, for which copyright certificates have been issued, as well as for the rationalization proposal and industrial design, for which certificates have been issued. Withholding of alimony on the basis of a notarized agreement on the payment of alimony can also be carried out if the total amount of deductions on the basis of such an agreement and executive documents exceeds 50% of the earnings and (or) other income of the person obliged to pay alimony. From a person sentenced to corrective labor, the recovery under executive documents should be made from all earnings, without taking into account deductions made by sentence or court order. From convicts serving their sentences in correctional colonies, colonies-settlements, prisons, educational colonies, as well as from persons who are in the narcological departments of psychiatric dispensaries and inpatient medical institutions, the recovery is made from all earnings without taking into account deductions for reimbursement of expenses for their maintenance in the indicated institutions. Ensuring the continuity of receiving funds for maintenance is the duty established by law of the administration of the organization where the alimony payer worked, as well as the alimony payer himself, to report a change in his place of work. In accordance with paragraph 1 of Art. Ill CK the administration of the organization that withheld alimony on the basis of a court decision or a notarized agreement on the payment of alimony is obliged to inform the bailiff at the place of execution of the decision on the recovery of alimony and the person receiving the alimony within three days about the dismissal of the person obliged to pay the alimony, as well as about his new place of work or residence, if she knows it. The person obligated to pay alimony must, within three days, notify the bailiff and the person receiving the alimony about the change of place of work or residence, and when paying alimony to minor children, also about the presence of additional earnings or other income. In case of non-disclosure of the information mentioned above for an unjustified reason, the officials and other citizens guilty of this are held liable in the manner prescribed by law. The procedure for foreclosure on the property of a person obliged to pay alimony is regulated by the norms of the UK. So, as a general rule, the collection of alimony in the amount established by the agreement on the payment of alimony or a court decision, as well as the collection of debt on alimony, is made from the earnings and (or) other income of the person obliged to pay alimony (clause 1, article 112 of the UK). Recovery cannot be levied on amounts paid: ? in compensation for harm caused to health, as well as in compensation for harm to persons who have suffered damage as a result of the death of the breadwinner; ? persons injured (wounds, injuries, contusions) in the performance of their official duties, and members of their families in the event of death (death) of these persons; ? in connection with the birth of a child; mothers of many children; single father or mother; for the maintenance of minor children during the search for their parents; pensioners and disabled people of the XNUMXst group for their care; victims for additional food, sanatorium treatment, prosthetics and expenses for caring for them in case of harm to health; for maintenance obligations; ? for work with harmful working conditions or in extreme situations, as well as for citizens exposed to radiation due to disasters or accidents at nuclear power plants, and in other cases established by the legislation of the Russian Federation; ? organization in connection with the birth of a child, with the death of relatives, with the registration of marriage, as well as for severance pay paid upon dismissal of an employee. Thus, the recovery of alimony is made: 1) from earnings and (or) other income; 2) from cash: - on accounts with banks or other credit institutions; - transferred under contracts to commercial and non-commercial organizations (except for contracts entailing the transfer of ownership); 3) levy may be levied on any property (if levy may be levied on it in accordance with the law). Exemption from the payment of alimony debt or reduction of this debt when alimony is paid by agreement of the parties is possible by mutual agreement of the parties, with the exception of cases of payment of alimony for minor children (clause 1, article 114SK). The court has the right, at the claim of a person obliged to pay alimony, to release him in whole or in part from paying the debt on alimony, if it establishes that the non-payment of alimony took place due to the illness of this person or for other valid reasons and his financial and family situation does not make it possible to pay off alimony arrears. Only if these two conditions are met, the alimony payer can receive exemption from paying the debt. Topic 7. Forms of adoption of children for upbringing in a family 7.1. Protection of the rights and interests of children left without parental care Children left without parental care have special protection, state assistance, specifically stipulated in Art. 20 of the UN Convention on the Rights of the Child. Leaving children without parental care can be caused by various reasons, Art. 121 UK defines some of them: - death of parents; - a serious illness of the parents, which makes it impossible to take care of the child, to protect his rights; - recognition of parents as incompetent; - restriction or deprivation of parents of parental rights; - stay of parents in isolation (in places of deprivation of liberty, a medical institution, etc.) or unwillingness to fulfill their parental duty. One of the forms of manifestation of indifference to the child on the part of the parents is the refusal to take him from the institution where he is. If this is a hospital or other medical institution, then as a result of such a refusal, after treatment, the minor falls into the category of children who have lost parental care. In the presence of the circumstances listed in Art. 121 of the UK, there arises the obligation of the guardianship and guardianship authorities to take measures to protect the rights and interests of children, which at the same time is the right of these bodies as authorized by the state to implement it. The death of the parents is certified by a death certificate. The beginning of the loss of parental care in this case will be the day when it came. In case of deprivation of parental rights, restriction of parental rights, recognition of parents as incompetent, the loss of parental care occurs from the moment the court decision enters into legal force. The protection of personal and property rights and interests of children left without parental care is assigned to the guardianship and guardianship authorities and includes the following duties: 1) identifying children left without parental care, recording them; 2) placement of such children; 3) implementation of subsequent control over the conditions of their maintenance, upbringing and education. This activity is the exclusive competence of the guardianship and guardianship authorities authorized by the state for its implementation. Local self-government bodies, exercising the state powers assigned to them for guardianship and guardianship, are the very bodies of guardianship and guardianship. This is their special function, which goes beyond the exercise of their powers to resolve issues of local importance, which in the field of family law relations is determined directly in the UK. The powers of local governments to establish guardianship and guardianship to protect the rights and interests of incapacitated or not fully capable citizens (including minors) are also defined in the Civil Code. The organization of the work of local self-government bodies in the exercise of the powers of guardianship and guardianship transferred to their jurisdiction is determined by the charters of municipalities in accordance with the laws of the constituent entities of the Russian Federation. These bodies keep records of children left without parental care; based on the specific circumstances of the loss of parental care, choose the forms of their arrangement; carry out subsequent control over the conditions of their maintenance, upbringing and education (Article 121 of the RF IC). For the timely identification of such children, the law imposes on officials of institutions that are in direct contact with children (kindergartens, schools, children's clinics, etc.), as well as on citizens who have information about the loss of parental care by children, the obligation to report this to the body of guardianship and guardianship at the place of actual location of children (Article 122 of the UK). Upon receipt of such information or independent identification of children left without care, the guardianship and guardianship authorities take measures to protect their rights and interests (search for relatives, provide the child with temporary shelter, etc.) and decide on the form of placement and further education of the child. The placement of children left without parental care is carried out in various legal forms. First of all, they seek to transfer children for upbringing in a family: for adoption (adoption), under guardianship (guardianship) or in a foster family. In the absence of such an opportunity, children are placed for upbringing in various state institutions: orphanages, orphanages, boarding schools, homes for the disabled, etc. (Article 123 of the UK). The type of institution is determined depending on the age and health of the child. Thus, in all cases when a child is left without the care of his parents for one reason or another, the state takes care of him. The presence of a child in any state children's institution does not preclude him from being placed in a family in the future. For this purpose, a centralized record is kept (at the local, regional and federal levels) of all children who can be transferred to be raised in a family, and any citizen who wants to take a child into his family can use this information. At the federal level, the registration of such children is carried out by the Ministry of Education and Science of the Russian Federation. 7.2. Adoption (adoption) Adoption is the most preferred form of family education for children left without parental care. Upon adoption (adoption) between a child, and subsequently his descendants, and the persons (person) who adopted the child, and his relatives, the same legal relations are established as those provided for by law for parents and children (Article 137 of the UK). Adoption can be made only if the conditions of adoption established by law are observed. These include: 1) requirements for adoptive parents (Article 127 of the UK); 2) consent to the adoption of the child's parents (in cases where it is required) or persons replacing them (Articles 129-131 of the UK); 3) consent to the adoption of the child himself, if he has reached the age of ten (Article 132 of the UK); 4) consent to the adoption of the spouse of the adopter, if the child is adopted by one of the spouses (Article 133 of the UK). By law, only adults and able-bodied citizens of both sexes can be adoptive parents. Only spouses can jointly adopt a child. Adoptive parents cannot be: - Citizens recognized by the court as incapacitated (due to a mental disorder) or partially incapacitated (due to alcohol or drug abuse); - Citizens deprived of parental rights by court or limited in parental rights; - former guardians (custodians) suspended from their duties due to their improper implementation; - former adoptive parents in case of cancellation by the court of adoption through their fault; - citizens suffering from diseases that do not allow them to carry out the upbringing of the child, or dangerous for the child himself. These include such serious diseases as tuberculosis, oncological diseases, diseases of internal organs, the nervous system, the musculoskeletal system in the stage of decompensation, drug addiction, substance abuse, alcoholism, etc. Adoption also requires a certain age difference between the adopter (unmarried) and the adoptee, which must be at least 16 years (Article 128 of the UK). This difference can be reduced by the court if there are good reasons (for example, the child knows the adopter, is attached to him, or considers the adopter to be his birth parent). Citizens of the Russian Federation and relatives of the child, regardless of their place of residence (on the territory of Russia or on the territory of another state), have the priority right to adopt a child. Parental consent to adoption is not required only in cases specified directly in the law (art. 13 °CC). Adoption without the consent of the parents is made if they: a) are unknown; b) recognized by the court as missing or incompetent; c) deprived of parental rights by court; d) do not live with the child for more than six months and without good reasons (which may be illness, a long business trip, an obstacle from the other parent, etc.), do not take part in the upbringing and maintenance of the child. In other cases, parental consent to adoption is required. It must be expressed in writing, and the signature of the parent must be certified in the manner prescribed by law (by a notary or other official who has the right to perform notarial acts, or by a guardianship and guardianship authority). Consent may be expressed directly in court during the adoption (Article 129 of the UK). Parental consent can be given to the adoption of a child by a specific person or without specifying a specific person - this is the so-called "blank consent to adoption". As a rule, it is given in relation to children placed for upbringing in children's state institutions. The law requires the consent of both parents, regardless of whether they live together or not, their marriage is dissolved or declared invalid (Article 129 of the UK). Adoption of a child in the event of deprivation of parents (one of them) of parental rights is allowed by law not earlier than six months from the date of the court decision on deprivation of their parental rights. The law allows for cases where a child is adopted by only one of the spouses. In these cases, in accordance with Art. 133 of the UK, a prerequisite for adoption is obtaining the consent of the adoptive parent's spouse. Consent is not required if the husband and wife have effectively terminated family relations, have not lived together for more than a year, and the location of the spouse from whom consent is required is unknown. In order to ensure the interests of the child, the law generally does not allow adoption by one of the spouses if the other spouse is mentally ill and, as a result, is recognized by the court as incompetent (Article 127 of the UK). In such cases, the marriage can be dissolved upon a unilateral application of a healthy spouse in the registry office, and only after that it is possible to raise the issue of adopting a child. Adoption is carried out by the court (Article 125 of the UK) according to the rules of special proceedings established in the Code of Civil Procedure. Citizens wishing to adopt a child must apply with a corresponding application to the district court at the place of residence (location) of the child. Citizens of the Russian Federation permanently residing outside its borders, foreign citizens or stateless persons wishing to adopt a Russian child, submit an application respectively to the Supreme Court of the Republic, the regional (regional) court, the court of the city of federal significance (Moscow and St. Petersburg), the court of the autonomous region or autonomous district at the place of residence (location) of the adopted child. An application submitted to the court must contain information about the adoptive parents themselves, about the child they wish to adopt, information known to them about his parents, brothers and sisters, information about compliance with the conditions of adoption (with the necessary documents attached), and also at the request of the adoptive parents - a request to change the child's last name, patronymic and first name, date and place of birth, to record the adoptive parents as the child's parents. The court, in order to prepare the case for consideration, obliges the guardianship and guardianship authority at the place of residence (location) of the child to submit to the court its opinion on the validity of this adoption and its compliance with the interests of the child, attaching the necessary documents (birth certificate of the child, medical report on his health, physical and mental development, etc.). In order to ensure the secrecy of adoption, cases on establishing adoption are considered in a closed court session. If all conditions of adoption are met and the court comes to the conclusion that it is in the best interests of the child, it makes a decision to establish adoption. The decision also reflects all changes in the personal legal status of the child (change of his last name, first name, patronymic, date and place of birth, recording of adoptive parents as the child's parents). The refusal of the court to establish adoption, as well as the refusal to request the adopter to make the above changes, may be appealed by a citizen to a higher court within ten days after the decision is made. After the expiration of the specified period, the decision enters into force. Adoption is established from the day the court decision enters into legal force, i.e., the corresponding rights and obligations of the adoptive parents and the adopted child arise. The adoption of a child is subject to registration with the registry office. Legal consequences of adoption. The children of the adopted person acquire the legal status of the grandchildren of the adopter, the grandchildren of the adopted child - the great-grandchildren of the adoptive parent. The adopted child, in turn, is placed in the position of the grandson of the father and mother of the adopter, and the children of the adopted child are the great-grandchildren of the adoptive parent's parents. At the same time, adopted children lose their personal and property rights and are released from obligations in relation to their natural parents and other relatives. In addition, the adopted child, as well as the adopter (and his relatives) acquire as a result of adoption not only the rights and obligations arising from family relations, but also all those rights and obligations that are provided for by the norms of other branches of law and the basis for which is the fact of kinship. . So, when inheriting by law, the adopted in relation to the adoptive parents, and the adoptive parents in relation to the adopted are heirs of the first stage (that is, they are equated in inheritance rights with parents and children). The law also allows for the possibility of preserving the child's legal relations with his other close relatives. At the request of the parents of the deceased father (mother) of the child, i.e. the grandfather or grandmother of the child, relations between them and their grandson (granddaughter) can be preserved if this is required by the interests of the child (clause 4, article 137 of the UK). If at the time of adoption the child had the right to a pension or benefit due to him in the event of the loss of a breadwinner (after the death of his parents or one of them), he retains this right after adoption. Adoption mystery. The creation of living and upbringing conditions for an adopted child that most closely matches the conditions of life and upbringing of his own children is greatly facilitated if the child considers the adoptive parents to be his parents by origin or if outsiders are not aware of the fact of adoption (although known to the child). Protecting the peace of the adopted child and the family that adopted him, the law ensures the preservation of the secrecy of adoption (Article 139 of the UK). Keeping the adoption secret is the duty of all officials involved in making a decision on adoption and its subsequent registration, as well as other persons who are otherwise aware of the adoption. Persons who divulge the secret of adoption against the will of the adoptive parents may be held criminally liable (Article 155 of the Criminal Code). Cancellation of adoption. Adoption may be canceled if the adopter improperly performs the parental duties assigned to him or, for some other reason, the child feels bad in his family and the adoption ceases to meet his interests. Cancellation of adoption is possible only in court (art. 14 °CC). In order to protect the rights of adopted children, cases on the annulment of adoption are considered with the obligatory participation of the guardianship and guardianship authority, as well as the prosecutor. In accordance with Art. 141 of the UK, which determines the grounds for the cancellation of adoption, such cancellation is made if the adoptive parents evade the fulfillment of parental duties assigned to them, abuse their rights, abuse the adopted child, are alcoholics or drug addicts, i.e. when the guilty behavior of the adopter is established, violating the interests of the child. The court also has the right to cancel the adoption on other grounds, based on the interests of the child and taking into account his opinion. The reason for the cancellation of the adoption may be the lack of understanding between the child and the adopter, the objective impossibility of the latter to fulfill his duties (a serious illness, a change in family circumstances, etc.), the recovery of seriously ill parents, to whom the child was attached and whom he cannot forget after adoption , and etc. 7.3. guardianship and guardianship Guardianship and guardianship are established over children left without parental care for the purpose of their upbringing in the family, as well as for the protection of their rights and legitimate interests. Unlike adoption, these forms of family parenting are temporary. Their establishment does not give rise to equating a child accepted for upbringing with the rights of a native child. Guardianship is established over minors aged 14 to 18 years. Thus, the basis for establishing guardianship over a child is the age criterion, and not his condition. However, it is taken into account that at this age he has sufficient mental, social maturity for independent actions and deeds. The guardian is also called upon to protect his ward from any kind of abuse by third parties, to fight for a sober lifestyle, etc. Here the guardian acts in several roles: as a parent, as a legal representative authorized to protect the rights and interests of a minor; as a person assisting the ward in exercising their rights and obligations. The guardian (custodian) is appointed by the body of guardianship and guardianship at the place of residence of the child. The place of residence of a minor under 14 years of age shall be the place of residence of his parents. The same can be said for older children. Thus, guardianship (trusteeship) is established not at the actual location of the child, but where his place of residence is registered. All documents necessary for the establishment of guardianship (trusteeship) are accepted by the person entitled to the one who prepares the draft resolution of the guardianship and guardianship body on the appointment of a guardian (trustee). This decision is made by the head of the local administration alone. It is binding on all legal entities and individuals. The term for establishing guardianship (guardianship) is one month from the moment when the guardianship and guardianship authorities became aware of the need to place a child. This minimizes the possibility of his leaving without care on the part of persons authorized to protect his rights and interests. If for some reason it is not possible to arrange guardianship (guardianship) within this period, the guardianship and guardianship authorities act in accordance with Art. 123 SC. The guardian (custodian) receives a guardian's certificate. At the same time, a personal file of the ward is opened. The body of guardianship and guardianship carries out constant supervision over the activities of guardians (custodians) with the help of control checks carried out at least twice a year. Supervision over the performance of the duties of a guardian (custodian) is combined with the provision of various kinds of assistance to him in the education of the ward, domestic issues, material support, etc. When a minor ward reaches the age of 14, guardianship is terminated. In such cases, the guardian automatically becomes a trustee without any additional decision in this regard. The guardianship of a minor is terminated without a special decision upon reaching the age of 18 by the ward, as well as in the event of his marriage or in the event of his emancipation. In addition, guardianship and guardianship may cease to exist as a result of the release or removal of the guardian (custodian) from the performance of his duties. The loss of parental care is not always permanent, so there may be a problem of releasing the guardian (custodian) from his obligations. When appointing a citizen as a guardian (trustee), his moral and other personal qualities, ability to perform guardianship duties, relations existing between him and the child, as well as the attitude of family members of the guardian (trustee) towards the child are taken into account. Under no circumstances can be guardians and trustees: - citizens deprived of parental rights (Article 35 of the Civil Code); - limited in parental rights; - former guardians (trustees) suspended from their duties; - former adoptive parents in case of cancellation of adoption through their fault; - citizens suffering from chronic alcoholism, drug addiction or other chronic diseases that do not allow them to raise a child or are dangerous for the child himself (Article 146 of the UK). The list of such diseases is established by the Decree of the Government of the Russian Federation of 01.05.1996 No. 542. Guardians (custodians) are obliged to live together with their wards, since only in this case the child receives education in the family (Article 36 of the Civil Code). The law allows, in exceptional cases, separation of a guardian and a ward who has reached the age of 16, but only with the permission of the guardianship and guardianship authority and provided that separation does not affect the upbringing of a minor, the protection of his rights and interests. The functions of guardians and custodians differ only in respect of their obligations to protect the property rights and interests of the wards. A child under the age of 14 is completely incompetent, therefore the guardian makes all transactions and other legally significant actions on his behalf, but in his interests. Minors from 14 to 18 years of age have partial legal capacity, and they themselves have the right to make all the necessary transactions, but with the consent of the trustee (Articles 25, 27 of the Civil Code). Trustees assist their wards in exercising their rights and fulfilling their obligations, and also protect them from abuse by third parties. The guardian is not entitled, without obtaining the prior consent of the guardianship and guardianship authorities, to make transactions for the alienation of the property of the ward (sale, exchange, gift, lease, pledge, etc.), refuse property rights belonging to the ward (from accepting an inheritance, collecting a debt, etc.). ), divide the property of the ward and allocate a share from it (including residential premises owned by the ward), as well as make other transactions that reduce the property of the ward (Article 37 of the Civil Code). These restrictions also apply to the trustee when he gives his consent to transactions by his ward on the disposal of property. Guardians (trustees), their spouses and close relatives are also not entitled to make transactions with the ward himself, with the exception of gratuitous transactions aimed at the benefit of the ward (for example, to give him some thing). Guardians (custodians) perform the duties of raising a child, protecting his personal and property rights and interests free of charge. For the maintenance of ward children, guardians (custodians) are paid money according to the norms established for the maintenance of children left without parental care in state children's institutions. The actions of guardians and trustees may be appealed (including by the ward himself) to the guardianship and trusteeship bodies that appointed them. In cases where it is established that the guardians (trustees) evade the performance of their duties, abuse their rights, use their guardianship powers for personal gain or leave the wards without supervision and necessary assistance, the guardians (trustees) are suspended from performing their duties. For leaving a ward without help, as well as in case of ill-treatment with him, guardians (custodians) can be held criminally liable (Articles 125, 156 of the Criminal Code). The guardian (trustee) may also be relieved of his duties. The grounds for such an exemption are: a) the return of the child to the parents; b) adoption of a child; c) placement of a child in an educational or other children's institution on full state support; d) personal request of the guardian (custodian), motivated by valid reasons (illness, change in family and property status, lack of understanding with the ward, etc.). The removal or release of the guardian (custodian) on the basis of the decision of the guardianship and guardianship body from the performance of his duties terminates the relationship of guardianship (trusteeship). Guardianship ends without a formal decision when the child reaches the age of 14 (in which case it is replaced by guardianship). Guardianship terminates automatically when the child reaches the age of 18 or in cases where he acquires full legal capacity before reaching this age (when the minor enters into marriage or his emancipation). Guardianship and guardianship shall also terminate in the event of the death of the guardian (custodian) or ward. 7.4. foster family A foster family is a legal form of taking children left without parental care into a family on the basis of an agreement that is concluded between citizens who wish to take a child for upbringing and the guardianship and guardianship authority. Citizens wishing to take a child (or several children) for upbringing are called adoptive parents, a child transferred for upbringing is called an adopted child, and a family is called a foster family. Adoptive parents can be both spouses and individual citizens of both sexes. The selection of adoptive parents is carried out by the guardianship and guardianship authorities. At the same time, their moral and other personal qualities, the ability to raise a child, the relationship between them and the child and the attitude of other members of their family towards the child are taken into account. The following persons cannot be adoptive parents: - recognized by the court as incapable or partially capable; - deprived by the court of parental rights or limited by the court in parental rights; - removed from the duties of a guardian (custodian); - former adoptive parents, if the adoption is canceled by the court due to their fault; - persons who, for health reasons, are unable to fulfill the duties of raising a child (patients with tuberculosis, venereal and other serious diseases). The preliminary selection of a child (children) for transfer to a foster family, in agreement with the guardianship and guardianship authority, is carried out by candidates for foster parents who have passed the necessary verification. One child or several minor children left without the care of their natural parents, including those who are kept and raised in state children's institutions, may be transferred to a foster family for upbringing. The total number of children (natural and adopted) in a foster family should not exceed, as a rule, eight people. At the request of adoptive parents, if there are necessary conditions for this, it is possible to transfer them to raise a child with poor health, a sick child, a child with developmental disabilities, a disabled child. The transfer of a child is made in his interests and taking into account his opinion, and if the child has reached the age of 10 years - only with his consent. A foster family is formed on the basis of an agreement on the transfer of a child (children) for upbringing, which is concluded between the foster parents and the guardianship and guardianship authority at the place of residence of the foster parents. The contract is concluded for a certain period, but not more than until the child reaches the age of 18 years. The contract must provide for the conditions necessary for the normal functioning of the foster family and for ensuring the rights and interests of foster children: conditions for the maintenance, upbringing and education of children, the rights and obligations of foster parents, the duties of the guardianship and guardianship authority in relation to the foster family, etc. The conclusion of the contract is preceded by an examination of the living conditions of the family that accepts the child (children) for upbringing. Foster parents in relation to children transferred to them for upbringing are endowed with the rights and obligations of guardians or trustees (Articles 150, 153SK). Unlike guardianship (trusteeship), the work of foster parents in raising children is paid. The amount of remuneration, as well as the benefits that are provided to a foster family, depending on the number of children taken for upbringing, are established by the laws of the constituent entities of the Russian Federation. For the maintenance of each foster child, the foster family is paid monthly funds for food, clothing, shoes, games, toys, books, etc., established by the legislation of the Russian Federation for pupils of children's state institutions, for children left without parental care. In addition, a child placed in a foster family retains the right to the alimony due to him, a pension (on the occasion of loss of a breadwinner, disability) and other social payments and compensations, which are transferred to an account opened in the name of the child in a bank. Control over the living conditions of children in a foster family is carried out by the body of guardianship and guardianship, which has concluded an agreement with foster parents. If unfavorable conditions arise in the foster family for the maintenance, upbringing and education of children, this body has the right to terminate the contract ahead of schedule unilaterally. At the initiative of the body of guardianship and guardianship, the contract may also be terminated ahead of time if the child (children) are returned to their natural parents or given up for adoption. Early termination of the contract at the initiative of the adoptive parents is possible only if they have good reasons: illness, changes in family or property status, lack of understanding with the child, etc. (Article 152 of the UK). All property and financial issues arising as a result of early termination of the contract are resolved by agreement of the parties, and in the event of a dispute - by the court in the manner prescribed by law. With the expiration of the contract or early termination of the contract, the foster family ceases to exist and the legal relationship between foster parents and children ceases. Below is an example of an agreement on the transfer of a child (children) to a foster family, concluded between foster parents and the guardianship and guardianship authority. Agreement on the transfer of a child (children) to be raised in a foster family (example form)G. ____________________ ____________________200__ No. ____________________ The body of guardianship and guardianship, acting on the basis of Article 151 of the Family Code of the Russian Federation, represented by ____________________ (position, surname, name, patronymic) and citizens (_in, _ka) ____________________ ____________________, (surname, name, patronymic) living (_th, _th) at the address: ____________________ ____________________, (address) hereinafter referred to as - foster parents (adoptive parent), have concluded this agreement as follows: the guardianship and guardianship authority transfers, and the foster parents (adoptive parent) ____________________ ____________________ (last name, first name, patronymic) accept (- f) for raising a child (children) in a foster family, hereinafter referred to as foster children: ____________________ (last name, first name, patronymic of children, number, series of birth certificate, by whom and when issued) 1. Foster parents (adoptive parent) undertake (s): 1.1. Raising a foster child on the basis of mutual respect, organizing a common life, leisure, mutual assistance. 1.2. Create the necessary conditions for the child (children) to receive education, take care of his health, physical, mental, spiritual and moral development. 1.3. Protect the rights and interests of the child (children). 1.4. Provide care for the child (children) and treatment, systematic presentation to specialist doctors in accordance with medical recommendations and the state of health of the child (children). 1.5. Ensure that the adopted child (children) visits a general educational institution, monitor his progress, maintain contact with teachers and educators of this institution. If it is impossible for a child (children) to attend a general education institution due to his health, ensure that education is received in the forms accessible to the child, established by law. 1.6. Notify the body of guardianship and guardianship of the occurrence in the foster family of unfavorable conditions for the maintenance, upbringing and education of the child (children). 2. The body of guardianship and guardianship undertakes: 2.1. Transfer monthly, no later than the 20th day of the previous month, funds in the amount of ____________________ rubles to the bank accounts of foster parents based on the established material security standards at the actual prices in the region. 2.2. Recalculate the amount of money required for the maintenance of the child (children) on a quarterly basis, taking into account changes in prices for goods and services. 2.3. Make monthly payments to foster parents in the amount of ____________________ rubles. 2.4. To make additional monthly wages to foster parents in the amount of ____________________ rubles (for each child under the age of three, or a sick child, a child with developmental disabilities, a disabled child, and others). 2.5. Allocate an apartment (house) to adoptive parents within the period of ____________________ for them to carry out their duties for the upbringing and maintenance of the adopted child (children). 2.6. Attach a foster family for the purchase of food to the base (store) ____________________ No. ____________________ (name) with payment both by bank transfer and in cash. The agreement may be supplemented by agreement of the parties with other mutual obligations (including the allocation of temporary use of land plots for the period established by this agreement, vehicles, etc.). 2.7. Disputes arising between the parties in the course of the execution of this agreement are considered by the parties within the period ____________________ after they arise in order to develop an agreed solution, and if an agreement is not reached, they are referred to the court for resolution. 2.8. This agreement is concluded for a period of ____________________ and comes into force from the moment of signing. 2.9. The term of this agreement may be extended by mutual agreement of the parties ____________________ before its expiration. 2.10. This agreement may be terminated ahead of schedule: at the initiative of the adoptive parents in the presence of valid reasons (illness, lack of understanding with the child (children), changes in marital or property status); at the initiative of the guardianship and guardianship authority in cases of unfavorable conditions for the maintenance, upbringing and education of the child (children) in the foster family or in the event of the return of the child (children) to the parents, or in the case of adoption of the child (children). 2.11. The contract is made in two copies, each of which has the same legal force. In case of non-fulfillment of the terms of this agreement, the parties have the right to terminate it (indicate the conditions for terminating the agreement). Signatures of the parties: Body of guardianship and guardianship (settlement account, address) (surname, position) Adoptive parents (parent) (signature) Topic 8. Legal regulation of family relations with the participation of a foreign element 8.1. marital relations The conditions for recognizing marriages between Russian citizens concluded on the territory of foreign states are determined by the UK. The form of marriage on the territory of Russia, regardless of the citizenship of the future spouses, is also determined by Russian law. This means that the marriage should be concluded only in the registry offices. Article 13 of the UK allows the regulation of certain conditions for marriage by the legislation of the constituent entities of the Russian Federation, and there may be peculiarities in regulating the conditions for concluding marriage in the constituent entities of the Russian Federation. Marriage on the territory of the Russian Federation, if one or even both future spouses are foreign citizens, takes place in accordance with the laws of the Russian Federation. Marriage registration is carried out with the personal presence of those entering into marriage, as a rule, after one month from the date of submission of their application to the registry office. State registration of marriage is carried out in the manner established for state registration of acts of civil status. Refusal to register a marriage may be appealed in court. The conditions for concluding marriages with foreign citizens on the territory of the Russian Federation for each of the persons entering into marriage are determined by the legislation of the state of which the person is a citizen. For example, when a Russian citizen marries a Belgian citizen, the latter must comply with the requirements of Belgian legislation on marriageable age, the need for consent to marry, obstacles to marriage, and with respect to a Russian citizen, the requirements of the UK. If two foreign citizens are married in Russia, then the legislation of the state of which the person is a citizen must apply to each of them. A person's belonging to the citizenship of a particular state is determined at the time of marriage. This eliminates possible disputes over the applicable law in the event of a change of citizenship by the spouses. Family law allows marriage in diplomatic missions. Thus, the UK provides for the conclusion of marriages between Russian citizens living outside the territory of the Russian Federation, in diplomatic missions or consular offices of the Russian Federation. Marriages are registered in accordance with Russian legislation, therefore, when determining the form and conditions for concluding a marriage, the norms of the UK are applied, as well as the norms of the laws of the subjects of the Russian Federation on marriageable age provided for by the UK, if any. The Family Code allows for marriages between foreign citizens in diplomatic missions and consular offices of foreign states on the territory of the Russian Federation. Such marriages are recognized as valid in Russia subject to two conditions: 1) if there is reciprocity; 2) if the spouses at the time of marriage were citizens of the foreign state that appointed the ambassador or consul. The validity of marriages contracted abroad requires compliance with the laws of the host country. Family law allows marriages between Russian citizens and marriages between Russian citizens and foreign citizens or stateless persons in the competent authorities of a foreign state. Accordingly, future spouses - Russian citizens - may marry abroad either in a diplomatic mission or consular office of the Russian Federation, or in bodies of a foreign state. These marriages are recognized in Russia as valid, provided that the laws of the state where the marriage was concluded are observed. This refers to the prescriptions of this legislation on the form and conditions of marriage, therefore, for example, a marriage concluded in a religious form in a country where such marriages have legal force should be considered valid in Russia as well. The recognition of a marriage entered into abroad as valid in the Russian Federation means that it will have the same legal force as a marriage entered into on the territory of Russia, with the ensuing consequences. The invalidity of a marriage follows the rules applied when concluding a marriage. If the marriage was concluded on the territory of the Russian Federation, then the basis for declaring it invalid is a violation of the rules of the law, which, according to the UK, was subject to application when it was concluded. So, if at the time of marriage, Russian legislation was subject to application (to the form and procedure for entering into a marriage, the conditions for entering into a marriage of a Russian citizen, obstacles to entering into a marriage of a foreign citizen), then the invalidity of a marriage from the standpoint of form and procedure, as well as the conditions for entering into a marriage, will be determined according to Russian law. legislation. The recognition in the Russian Federation as invalid of marriages concluded outside its borders is determined by the legislation that was applied at the conclusion of the marriage. For example, the invalidity of a marriage contracted abroad by foreign citizens with the application of foreign legislation on the form and conditions of marriage is determined by this foreign legislation. If the marriage was concluded abroad with the application of Russian law, the marriage may be declared invalid on the grounds of violation of the requirements of the Russian law on the conditions for entering into marriage. International treaties contain rules on the recognition of decisions in family cases, if there are no grounds for refusing recognition provided for in the relevant treaty. Consequently, on the territory of the Russian Federation, decisions of courts of foreign states on the invalidity of marriages are also subject to recognition (subject to the conditions for recognition established by the relevant agreement). Divorce with a foreign element. The Family Code provides for the application of Russian law for the dissolution of marriages between Russian citizens and foreign citizens, as well as marriages between foreign citizens. The recognition abroad of the dissolution of a marriage carried out in the Russian Federation (for example, the marriage of two foreign citizens) takes place in the relevant state on the basis of its legislation. In Russia, such a marriage will be considered dissolved (of course, if the decision is made in compliance with the requirements of Russian family and procedural legislation). The Family Code allows the dissolution of the marriage of Russian citizens living abroad in a Russian court; this is also possible when the other spouse is a citizen of a foreign country. Russian citizens living abroad have the right to apply for divorce to diplomatic missions or consular offices of the Russian Federation, if we are talking about a marriage, the dissolution of which, under Russian law, is possible in the registry office. At the same time, the consul has the right to dissolve marriages between spouses - Russian citizens, if at least one of them permanently resides abroad. In accordance with the UK, with mutual consent to the dissolution of the marriage of spouses who do not have minor children, the dissolution of the marriage is carried out at the consular office of the Russian Federation at the place of residence of the spouses or one of them on the basis of a joint application of the spouses. If it is impossible for one of the spouses to appear at the consular office for valid reasons (illness, military service, remoteness of the place of residence, etc.), a joint application may be submitted by the other spouse. The signature of the absent spouse on the application must be certified by the registry office in a notarial order or by the consul at the place of residence of the other spouse. Registration of divorce is carried out in the presence of both spouses. Only in some cases, if there are valid reasons, registration can be made in the absence of one of the spouses. A certificate of divorce for an absent spouse residing in the Russian Federation is sent through the Ministry of Foreign Affairs of Russia to the registry office at his place of residence, and if the spouse lives outside the Russian Federation - diplomatically to the consul at his place of residence. According to the UK, Russian citizens have the right to dissolve marriages outside of Russia and in the competent authorities of foreign states. The dissolution of such marriages is recognized as valid in the Russian Federation. Rule Art. 16 °CC should be understood in the sense that we are talking about marriages between Russian citizens, and about marriages of Russian citizens with foreign citizens and stateless persons. The Family Code connects the recognition in the Russian Federation of foreign decisions on the dissolution of a marriage with the need for the body that made the decision to comply with the legislation of the state of its country on competence and applicable law. If this condition is not met, the decision may be unrecognized in Russia. The Family Code does not link the recognition of foreign divorce decisions to the place of residence of the spouses (in Russia or abroad). This does not exclude the possibility that this circumstance will be taken into account when determining the limits of the competence of Russian courts (including in family cases) and resolving general issues of recognition of foreign judgments. In the Russian Federation, the recognition of foreign decisions on the dissolution of a marriage means that the foreign decision is recognized to have the same legal force as the decision of the Russian courts (or civil registry offices) on the dissolution of a marriage. The presence of a foreign decision on the dissolution of a marriage gives reason to consider the spouses divorced. Marriage is considered terminated from the day the foreign decision enters into legal force. It seems that the date on which a foreign decision enters into legal force should be determined in accordance with the legislation of the state whose court (or other body) issued the decision. If the interested person objects to such recognition, the issue of recognition in the territory of the Russian Federation of a foreign decision on divorce is considered by the court at the request of the said person. The court considers the application in court session, checking compliance with the conditions of recognition. The existence of an international treaty with the state whose court issued a recognizable decision on the dissolution of a marriage necessitates recourse to the relevant treaty and compliance with those and only those conditions of recognition that are provided for in the treaty. 8.2. Establishment and contestation of paternity (maternity). Rights and obligations of parents and children The Family Code subordinates the establishment and contestation of paternity (maternity) to the legislation of the state of which the child is a citizen by birth. The citizenship of children is determined at birth, therefore the acquisition by the child later (by the time paternity is established) of the citizenship of another state does not affect the applicable law. Even in this case, they remain the legislation of the state of which the child was a citizen by birth. A child whose parents at the time of his birth are citizens of the Russian Federation is a Russian citizen regardless of the place of his birth (Article 143 of the Law of the Russian Federation of November 28.11.1991, 1948 No. 1-1 "On Citizenship of the Russian Federation"). The nationality of the parents thus extends to the born child and is his nationality by birth. For a child, only one of whose parents is a Russian citizen, the following rules apply: 2) if the other parent is a stateless person, then the child is a Russian citizen regardless of the place of birth; XNUMX) if the other parent is a citizen of a foreign state, the issue of the child's citizenship, regardless of the place of his birth, is determined by a written agreement of the parents; in the absence of such an agreement, the child acquires Russian citizenship if he was born on the territory of the Russian Federation, otherwise he would become a stateless person. A child who is on the territory of the Russian Federation, whose parents are unknown, is registered with the registry office as a Russian citizen, since it is presumed that his parents are Russian citizens. Russian citizenship is also acquired by children of citizens of other states (former Soviet republics that were part of the USSR, or other foreign states) born on the territory of Russia, if these states do not grant their citizenship to the child. Citizens of the Russian Federation will also be children born on its territory whose parents are stateless. In accordance with the UK, the procedure for establishing or contesting paternity (maternity) in the territory of the Russian Federation is determined by Russian law: the rules governing the procedure for establishing or challenging paternity (maternity) - administrative or judicial - are subject to application. This also applies to cases where, by virtue of the UK, foreign family law is subject to application. In cases where Russian legislation allows the establishment of paternity (maternity) in the registry office, for example, when establishing the paternity of a person who is not married to the mother of a child, by submitting a joint application by the father and mother to the registry office, the child's parents residing outside the territory of the Russian Federation have the right to apply for the establishment of paternity to diplomatic missions or consular offices of the Russian Federation. However, the establishment of paternity in the specified order is allowed by law only when at least one of the spouses is a Russian citizen. The legislation applicable to the rights and obligations of parents and children shall apply to the mutual rights and obligations of parents and children, whether born in wedlock or out of wedlock. At the same time, maintenance obligations are covered by this rule, if we are talking about the obligations of parents in relation to children. From the wording of Art. 163 of the UK it follows that the maintenance obligations of parents in relation to minor children, as well as to disabled adult children, are meant. Alimony and other rights and obligations of parents and children are subject in accordance with this article to the legislation of the state in whose territory they have a joint place of residence. Thus, the relationship between parents and children living together in the Russian Federation, regardless of the citizenship of the parties, is determined by Russian law. In this case, the law proceeds from the fact that the relationship between parents and children is most closely related to the legislation of the country of their joint residence. When the parties do not have a joint place of residence and live in different states, their rights and obligations are determined by the legislation of the state of which the child is a citizen. When the mother lives with the child in Russia, and the father lives abroad, the recovery of child support from the father must be determined by the Russian court under Russian law if the child is a Russian citizen, and under the law of the child's country of citizenship if the child is a foreign citizen. The rights and obligations of parents and children, including child support, in the interests of the child may also have a different solution to the issue: at the request of the plaintiff, the legislation of the state in whose territory the child permanently resides can be applied. This rule applies to cases where a child who has the citizenship of one state lives in the territory of another state. The legislation of the country of residence of the child is associated with the existence of a demand (request) for this application by the plaintiff. The nationality of the particular state with which the UK links the decision on the applicable law should be determined at the time of the decision. Therefore, if a child who is by birth a citizen of one state becomes a citizen of another state by the time the decision is made, that last nationality should be considered as decisive. In Russia, the recognition and enforcement of decisions of foreign courts on legal relations between parents and children, including decisions on the recovery of alimony, is carried out in the presence of an international agreement providing for such recognition and enforcement. The Convention of the CIS countries of January 22.01.1993, XNUMX "On Legal Assistance and Legal Relations in Civil, Family and Criminal Matters" and a number of bilateral agreements of the Russian Federation on legal assistance allow the recognition and enforcement of foreign judgments in family matters, subject to the conditions provided for by the relevant international treaty. 8.3. Adoption (adoption). Alimony obligations of adult children and other family members Issues of adoption on the territory of the Russian Federation by foreign citizens of Russian children are resolved in accordance with the legislation of the state of which the adoptive parent is a citizen - the future head of the family, who, as a rule, takes the child to his country. The application of the relevant foreign legislation during adoption (on the requirements for adoption in relation to age, financial situation, etc.) ensures the stability of adoption in a foreign state in the future. If a child is adopted by spouses of different citizenship, then, obviously, the requirements stipulated by the legislation of both the state of which the husband is a citizen and the state of which the wife is a citizen must be met. If a child is adopted by a stateless person, the adoption shall be carried out in accordance with the laws of the state in which this person has a permanent place of residence. Citizenship (statelessness) is determined at the time of application for adoption or its cancellation (if the issue of cancellation of adoption is raised). In doing so, the general rules relating to the determination of citizenship should be borne in mind. The legislation of the country of the adoptive parent must simultaneously comply with the requirements of Russian legislation regarding ensuring the interests of children during adoption. If the requirements of the relevant foreign legislation or the specified requirements of the Russian legislation are not met, the adoption should not be carried out. Adoption on the territory of the Russian Federation of children - foreign citizens by Russian citizens requires the application of Russian legislation. The foreign citizenship of the adoptees is also taken into account during adoption: an institution that adopts a child - a foreign citizen, must, in accordance with the UK, obtain the consent of the legal representative of the child and the competent authority of the state of which the child is a citizen, and also, if required in accordance with the legislation of the said state, child's consent to adoption. The norms of the UK are aimed at protecting the rights of adopted children and are of a general restrictive nature: regardless of the citizenship of the adopter (and, consequently, of the applicable legislation), in case of violation of the rights of the child established by Russian legislation and international treaties of the Russian Federation, adoption cannot be carried out, and the adopted adoption subject to cancellation. The Family Code provides for the recognition in the Russian Federation of the adoption of a child - a Russian citizen living abroad, if it is carried out by the competent authority of a foreign state of which the adoptive parent is a citizen. It is only required to establish that the executive authority of the constituent entity of the Russian Federation, in whose territory the child or his parents lived before going abroad, gave prior permission for adoption. Alimony obligations of adult children and other family members. Alimony obligations of relatives continue, despite their residence in different countries. The Family Code determines the legislation to be applied to maintenance obligations of adult children in favor of parents and to maintenance obligations of other family members (Article 164 of the UK; maintenance obligations of spouses and former spouses are not covered by this article). Norm Art. 164 UK refers to the legislation of the state in whose territory the parties have a joint residence. Consequently, when the parties live together in the Russian Federation, Russian legislation should apply regardless of the citizenship of the parties. In the absence of legislative regulation, Russian law applies in such cases. In the absence of a joint place of residence, the maintenance obligations of adult children and other family members are determined based on the citizenship of the person claiming to receive maintenance. The law proceeds from the fact that disabled elderly parents and other persons claiming alimony need protection of their national legislation (legislation of the country of citizenship) to a greater extent than adult children. Topic 9. Acts of civil status General provisions relating to the registration of acts of civil status are contained in Art. 47 GK. Determination of the bodies that carry out registration of acts of civil status, the procedure for registering these acts, the procedure for changing, restoring and canceling records of acts of civil status, forms of act books and certificates, as well as the procedure and terms for storing act books, paragraph 4 of Art. 47 of the Civil Code is referred to the competence of the Law on acts of civil status. Acts of civil status are subject to mandatory registration on behalf of the state in the registry office. The list of acts of civil status subject to state registration is established by paragraph 1 of Art. 47 GK. It is exhaustive and not subject to broad interpretation. In accordance with it, the following are subject to state registration: 1) birth; 2) marriage; 3) divorce; 4) adoption (adoption); 5) establishment of paternity; 6) change of name (actual name, surname and patronymic - Article 19 of the Civil Code); 7) death of a citizen. The state registration of these events is important for the protection of the personal and property rights of citizens, since the law associates the emergence, change or termination of a number of important rights and obligations with such events. So, with the birth of a child, his parents have parental rights and responsibilities, responsibilities for maintenance; with the death of a person, inheritance rights arise in relation to his property, the right to a pension for his minor children, etc. The purpose of state registration is to establish indisputable evidence that the relevant events took place and when they happened. In some cases, the law gives the act of registration a law-forming (legal-terminating) value, i.e., it establishes that the relevant rights and obligations arise or terminate only from the moment the act of civil status is registered. This importance is attached to the registration of marriage (Article 1 ° CK) and divorce (in case of its dissolution in the registry office - Art. 25 SK). Registration of acts of civil status is also carried out in the public interest - in order to know the dynamics of the population (how many are born, die, marry, etc.). These data are necessary for the development of scientifically based forecasts of the economic and social development of the country. State registration of acts of civil status is carried out by the territorial bodies of the registry office, formed by the executive authorities of the constituent entities of the Russian Federation. Civil status acts of citizens of the Russian Federation residing abroad are registered by consular institutions of the Russian Federation. Acts of civil status committed according to religious rites before the formation or restoration of civil registry offices are recognized as valid (for example, during the Great Patriotic War in the occupied territories). They are equated to acts of civil status committed in the registry office, and do not require subsequent state registration. State registration of acts of civil status is carried out by drawing up two identical copies of the record of the act of civil status on the form of the appropriate form, which includes the necessary information about the citizen and the act of civil status itself. Based on the record drawn up, citizens are issued a certificate in their hands - a document certifying the fact of state registration of a civil status act. Forms of certificates are printed on stamped paper and are strictly accountable documents, each such form has a series and number. The forms of these documents were approved by Decree of the Government of the Russian Federation of July 06.07.1998, 709 No. XNUMX "On measures to implement the Federal Law" On acts of civil status "". The law on acts of civil status determines what specific information should be entered in a particular record of a civil status act (about birth, marriage, etc.), as well as in the relevant certificates. The first and second copies of civil status records (for each type of records separately), compiled within a calendar year, are formed in chronological order in the state registration books of civil status acts (certificate books). The term of storage of act books is 75 years from the date of compilation of civil status records. After this period, the act books are transferred to the state archives. The first copies of act books are stored in the registry office at the place of their compilation, the second - in the executive authority of the subject of the Russian Federation, whose competence includes organizing activities for state registration of acts of civil status in the region. To draw up a civil status act, citizens must submit documents that are the basis for state registration of a civil status act (for example, a birth or death certificate of the established form, a joint statement of the father and mother of the child who are not married to each other, on establishing paternity or a decision court to establish paternity, etc.), as well as an identity document of the applicant. Each record of a civil status act must be read by the applicant, signed by him and the employee making the record, sealed with the seal of the registry office. Responsibility for the correctness of the state registration of a civil status act and the quality of the entry is assigned to the head of the relevant registry office. Information that has become known to an employee of the registry office in connection with the state registration of a civil status act is personal data, classified as confidential information, has limited access and is not subject to disclosure. The registry office has the right to provide this information only at the request of the court (judge), prosecutor's office, inquiry or investigation, or the Commissioner for Human Rights in the Russian Federation. A refusal to state registration of a civil status act may be appealed by an interested person to the executive authority of a constituent entity of the Russian Federation, whose competence includes organizing activities for state registration of acts of civil status in a given region, or to a court. Changes or corrections in civil status records are made by the registry office at the request of interested parties (for example, when errors were made during the recording: distortion, omission of information, etc.), based on a court decision (for example, based on a court decision to exclude information about the father of the child when challenging paternity), on the basis of decisions of administrative authorities (for example, decisions of the guardianship and guardianship authority to change the name or surname of the child - Article 59 of the UK), on the basis of other civil status records compiled (for example, in the birth certificate changes are made on the basis of a paternity or adoption record). The refusal of the registry office to make changes or corrections in the civil status record can be appealed to the court, and the necessary corrections or changes will be made by a court decision. Only on the basis of a court decision are corrections or changes made to the civil status records in the event of a dispute between the parties concerned. In case of loss of a certificate of state registration of acts of civil status, a citizen, at his request, may be issued by the registry office a second certificate on the basis of a record of a civil status act stored in the registry office. The lost record of a civil status act itself can be restored only on the basis of a court decision establishing the fact of registration of the corresponding civil status act (Article 247 of the Code of Civil Procedure). The basis for applying to the court is the notification of the executive authority of the constituent entity of the Russian Federation, whose competence includes the organization of activities for the state registration of acts of civil status in this region, about the absence of a primary (or restored) record of a civil status act. Based on the restored record of a civil status act, a citizen is issued a certificate of state registration of a civil status act with a note that the record has been restored. Cancellation of civil status records is carried out by the registry office at the place of storage of these records on the basis of a court decision: on recognizing the marriage as invalid; on the annulment of the court decision on the dissolution of marriage; on the annulment of a court decision declaring a citizen dead, etc. From the moment of annulment, the record of a civil status act loses its legal significance. The certificate that was issued on the basis of this entry also ceases to be valid. Notes
Author: Gerasimova L.P.
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