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Lecture notes, cheat sheets
Family law. Cheat sheet: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
1. General provisions of family law A feature of Russian family law is that, unlike other branches of law, it regulates relations in the family and is limited by its framework. The current family legislation clearly articulates the basic principles and objectives of the legal regulation of family relations. Basic principle of family law enshrined in Art. 38 of the Constitution of the Russian Federation on the protection of motherhood, childhood and family by the state. Main objectives of family law - strengthening the family, building family relations on the basis of feelings of mutual love and respect, mutual assistance and responsibility to the family of all its members, establishing relations in the family that create the necessary conditions for a decent life, free development of each family member and raising children. The purpose of the RF IC - establishment of legal conditions for strengthening the family, meeting the interests of the individual, worthy and free development of each family member. Family law is called upon to ensure the unhindered exercise and protection of the rights of all family members, as well as to prevent arbitrary interference in family affairs. According to the RF IC, the family, motherhood and childhood are under the protection of the state. The main principles of legal regulation of family relations are: 1) equality of rights of spouses in the family; 2) the voluntariness of the conclusion of a marriage union between a man and a woman; 3) resolution of intra-family issues by mutual agreement; 4) the priority of family upbringing of children, concern for their well-being and development; 5) ensuring priority protection of the rights and interests of minors and disabled family members. These principles are based on the universally recognized rules and norms of international law and the Constitution of the Russian Federation, which prohibit any form of discrimination in marriage and family relations. According to the RF IC, the rights of citizens in a family may be limited only on the basis of a federal law and only to the extent necessary to protect the morality, health, rights and legitimate interests of other family members and other citizens. In the Russian Federation, a marriage registered only in the registry office is recognized. Family law establishes the procedure for concluding and terminating a marriage, as well as the conditions and consequences of declaring a marriage invalid, regulates property and personal non-property relations between spouses, parents and children (adoptive parents and adopted children), as well as between other relatives in cases provided for by law. Establishes equality of rights and obligations of parents in matters of upbringing, education, material support, protection of the rights and legitimate interests of their children, regardless of whether they live together with their child or not. Determines the procedure for placing children left without parental care in foster families. In the Russian Federation, every citizen from birth is guaranteed and owns equal rights and freedoms provided for by the Constitution and generally recognized principles and norms of international law. 2. Subject and method of family law Family law subject It is a social relationship that develops between family members and is regulated by the norms of family law. Family legal relations arise from marriage (between spouses, as well as between spouses and children), from consanguinity (between parents who are not necessarily married, and children, brothers and sisters, grandparents and other close relatives), as well as from certain legal facts equated by law with kinship (adoption, adoption of children for upbringing in a foster family). Subjects of family legal relations are only citizens. Relationships related to the registration of acts of civil status are not the subject of family law The procedure for state registration of acts of civil status (birth and death of a citizen, marriage, establishment of paternity, adoption (adoption), name change, procedure for correcting, restoring and canceling entries in the books of state registration of acts of civil status are regulated by the Federal Law of November 15, 1997 No. 143-FZ "On acts of civil status" The subject of family law is property and personal non-property family relations. Property relations determine the procedure for possession, use and disposal of common property and property of each of the spouses, division of common property and determination of shares, maintenance obligations of parents and children, spouses and former spouses. Personal non-property relations - these are relations concerning the conclusion and termination of marriage, the choice of a surname by the spouses, the resolution of issues of paternity and motherhood, the upbringing and education of children and other issues relating to family life. In family law, personal relationships are prioritized, since the rules governing property relations are largely based on personal family relationships. has a priority role family education of children. Thus, children left without parental care are transferred to a family for upbringing, and only in the absence of such an opportunity, care for their well-being and development, ensuring the protection of rights and interests is assigned to institutions for orphans and children left without parental care. The Family Code of the Russian Federation, like the Constitution of the Russian Federation, prohibits any form of restriction of the rights of citizens in family relations on the grounds of social, racial, national, linguistic or religious affiliation. main method legal regulation is dispositive. The Family Code of the Russian Federation provides the subjects of family law in most cases to independently resolve issues related to the life of their family. 3. Family law and other acts containing family law According to the Constitution of the Russian Federation, family law is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Consequently, it includes, along with federal laws, the laws of the constituent entities of the Russian Federation. Family law is a system of normative legal acts regulating family relations. Family law is from the RF IC and the federal laws and laws of the constituent entities adopted in accordance with it. The Family Code of the Russian Federation is the main codified federal law in the field of legal regulation of family relations. Along with the RF IC, other federal laws may also be adopted. But these laws must comply with the RF IC and not contradict it. The Family Code of the Russian Federation defines the range of legal relations regulated by family law, establishes general provisions related to the exercise and protection of family rights, as well as the rules applicable to family relations, the participants of which are foreign citizens and stateless persons. The laws of the constituent entities of the Russian Federation regulate family relations on issues within the jurisdiction of the Russian Federation that are not directly regulated by the Family Code. The laws of the constituent entities of the Russian Federation must not contradict the IC RF and the Constitution of the Russian Federation. presidential decrees, adopted on issues within its competence and not contradicting the RF IC and other federal laws, may also contain rules governing family relations. In cases provided for by the RF IC, other federal laws and presidential decrees, the Government of the Russian Federation has the right to adopt regulatory legal acts. The Government of the Russian Federation may adopt normative acts regulating the following issues: 1) approval of the list of types of earnings and other incomes of parents from which alimony for the upbringing of minor children is deducted; 2) determining the procedure for organizing centralized registration of children left without parental care; 3) establishment of the amount and procedure for the payment of funds paid monthly for the maintenance of children to a trustee or guardian; 4) establishing the procedure for payment and the amount of funds paid monthly for the maintenance of children to a foster family; 5) determination of the list of diseases in the presence of which a person cannot adopt a child, take him to a foster family, establish guardianship or guardianship over him; 6) approval of the regulations on the foster family. The Government of the Russian Federation takes the appropriate rulings on all of these issues. The generally recognized principles and norms of international law are part of the legal system of the Russian Federation. In the event of a conflict between the norms of Russian family law and international law, the norms of international law shall apply. 4. Application of civil law to family relations Family legal relations governed by more than just family law. Family law is most closely related to civil law. In the new RF IC, this relationship can be traced most clearly. According to the current RF IC, family relations (property and personal non-property) are subject to the norms of civil law, if these relations are not regulated by family law and their application does not contradict the essence of family relations. This is explained by subject of legal regulation family relations in contrast to the subject of civil law has a certain specificity. As a rule, family relations exist outside the sphere of market relations, they are gratuitous, therefore, the application to them of the norms of civil law, which regulates compensated relations, may contradict the essence of family relations. For example, in the event of late payment of alimony, the norms of the Civil Code of the Russian Federation on lost profits cannot be applied, since alimony is paid to ensure the normal existence of a person, and not to make a profit. Common to these branches of law is that civil law regulates property and related personal non-property relations based on equality, property independence and autonomy of the will of their participants. In family relations, participants are also recognized as legally equal, have an autonomous will, and their personal property is separated from the property of other family members. Thus, family relations are a subspecies of civil relations. Correlation between civil and family law The norms of civil law are general in relation to the norms of family law. Thus, according to the rules on the competition of general and special rules for family relations, general (civil law) rules will apply only if there are no special rules of family law. As a rule, the Civil Code of the Russian Federation establishes general rules of law, which are specified in family law. For example, in Art. 256 of the Civil Code of the Russian Federation refers to the possibility of determining the regime of property of the spouses by the marriage contract. The Family Code of the Russian Federation contains special rules regarding the content of the contract, the procedure for its conclusion, termination and invalidation. Article 101 of the RF IC states that the general rules of civil law apply to the conclusion, amendment and invalidation of an agreement on the payment of alimony. The IC of the Russian Federation establishes special conditions regarding the change and invalidation of an agreement on the payment of alimony, related to its specifics. Thus, Art. 4 of the RF IC allows the application of civil law to family relations, but only if this does not contradict their essence. 5. Application of limitation period in family relations Limitation of actions - this is the period established by law for the protection of a violated right in court. The limitation period is the most important institution of family law, as it ensures the stability of family relations, promotes the interest of participants in the timely exercise of their rights. The need to establish a limitation period is due to the fact that often after a long time, the court's assessment of the circumstances referred to by the parties becomes impossible. And persons who are subject to unreasonable demands cannot collect enough evidence in their defense. According to Art. 9 of the Family Code of the Russian Federation, claims arising from family legal relations are not subject to limitation of actions. The only exceptions are those cases that are directly indicated by the RF IC. This provision is aimed at protecting the rights and legitimate interests of participants in family legal relations. The Family Code of the Russian Federation provides the subjects of legal relations with the opportunity to defend their rights in court, regardless of how much time has passed since their violation. The statute of limitations does not apply to challenging the terms of the marriage contract, to the grounds for the emergence of the rights and obligations of parents and children, to the requirements for declaring the marriage invalid, to the requirements for the recovery of alimony (until the child reaches the age established by law) and in some other cases. According to Art. 8 of the RF IC, the limitation period for the protection of a violated right is applied only if it is established by the RF IC. For example, when dividing the common property of spouses who have divorced, a three-year statute of limitations applies. The general statute of limitations is set in the Civil Code of the Russian Federation and is also three years. For certain relations, laws may provide for other periods of limitation. The types of statute of limitations are cutoff deadlines. In particular, these include: the period for paying alimony for the maintenance of the wife during her pregnancy (three years from the date of birth of a common child) or the period for exercising parental rights, which terminates from the moment the child reaches the age of majority. Claims for the protection of a violated right are accepted by the court and are considered on the merits, regardless of the expiration of the limitation period. The court may apply the rules of limitation only upon application of a party made before the court decides on the merits of the dispute. Calculation of limitation periods is made from the day when the person knew or should have known about the violation of his right. A deadline missed for good reasons can be restored in court. This is possible in exceptional cases, occurring in the last six months of the limitation period, when circumstances related to the identity of the plaintiff prevented the timely filing of a claim (helpless state, serious illness, illiteracy). The expiration of the statute of limitations is grounds for refusing to satisfy the claim. 6. Exercise of family rights Emergence of family rights and obligations associated with the presence of certain legal facts - events (birth of a child) and actions (marriage or divorce). The new Family Code of the Russian Federation provides participants in family relations with the opportunity to dispose of their rights at their own discretion. Thus, citizens independently decide whether to protect their rights or not in accordance with paragraph 1 of Art. 7 RF IC. The only exceptions are those cases when all members of society and the state are interested in protecting family rights. In such cases protection of violated rights is carried out prosecutor and guardianship authorities. In accordance with the RF IC, some rules may be changed by agreement of the parties. These norms are called diapositive. Most of these norms are contained in the provisions that regulate the property relations of family members. The Family Code of the Russian Federation establishes two modes of matrimonial property: legal and contractual. In the first case, all property acquired by the spouses during the marriage is their joint property, in the second case, the spouses have the right, by concluding a marriage contract, to change the legal regime of property, establishing a joint, shared or separate regime. The possession of family rights is inextricably linked with respect for the rights of other family members, which must not be violated under any circumstances. So, according to Art. 7 of the Family Code of the Russian Federation, the exercise by family members of their rights and the performance of their duties must not violate the rights, freedoms and legitimate interests of other family members and other citizens. Family rights are protected by law, with the exception of cases of deliberate violation of the rights of others in order to harm them (clause 2, article 7 of the RF IC). In family relationships, rights are inextricably linked with duties. For example, the right of parents to raise their children is also their primary responsibility. This obligation is enshrined in the Constitution of the Russian Federation. The exercise of this right cannot be left to the discretion of the parents. According to the law, certain rights that belong to spouses must be exercised jointly by them. In particular, the right to raise and educate children. The law requires family members to observe the norms of morality and morality, the basic principles of family law, which helps to strengthen the family, build family relations on feelings of mutual love and respect. The protection of family rights is carried out by the court according to the rules of civil proceedings, and in the cases provided for by this RF IC, by state bodies or guardianship and guardianship authorities in accordance with paragraph 1 of Art. 8 RF IC. Paragraph 2 of Art. 8 of the IC of the Russian Federation establishes that the protection of family rights is carried out in the ways provided for by the relevant articles of the IC of the Russian Federation. 7. Conditions of marriage Marriage - this is the union of a man and a woman, concluded with the aim of creating a family. Marriage is legally valid only if certain conditions were met during its conclusion. The list of such conditions is contained in the RF IC and is exhaustive. Necessary conditions for marriage are: the voluntary mutual consent of a man and a woman entering into marriage, as well as their achievement of marriageable age. If even one of these conditions is not met, the marriage will be considered invalid. Reciprocity implies the mandatory presence of consent from both the man and the woman. This consent must be confirmed by the registry office when registering the marriage. The will of persons must be conscious, they must understand the meaning of their actions. If a person is in a state of mental disorder or strong mental agitation, strong alcohol or drug intoxication, then marriage with such a person should not be registered. Consent to marriage must be free from physical and mental violence, coercion or deceit. Any violence aimed at forcing a person to marry is immoral, contradicts the essence of marriage, and violates the norms of the Constitution on the equality of rights and freedoms of men and women. The Russian Federation recognizes a marriage concluded only between a man and a woman. Marriages between persons of the same sex are not registered in the Russian Federation. A guarantee of compliance with the principle of voluntariness is the requirement of the law on the personal presence of persons entering into marriage at its conclusion. Marriage through a representative is not allowed. Other necessary condition for marriage is the attainment of marriageable age. In the Russian Federation, marriage is allowed from the age of 18, that is, upon reaching full legal capacity. According to experts, by the age of 18, the spouses reach the necessary degree of physical, mental and social maturity. If there are valid reasons, the age of marriage may be reduced to 16 years. This rule applies to both men and women. The laws of the constituent entities of the Russian Federation, in the presence of special circumstances, may allow marriage before the age of sixteen. The age limit for marriage is not defined by law. Along with the conditions for concluding a marriage, the RF IC provides for circumstances that prevent its conclusion. Marriage is prohibited between close relatives, adoptive parents and adopted children, persons, at least one of whom is recognized by the court as incompetent, as well as persons, at least one of whom is already in another registered marriage. This list of circumstances is exhaustive and is intended to prevent knowingly defective marriages. 8. Order of marriage The procedure for concluding a marriage established in Art. 11 RF IC, according to which marriage made in person, entering into marriage after a month from the date of submission of their application to the registry office. Persons wishing to marry must submit an application to the registry office. By itself, the filing of an application has no legal consequences, the persons who submitted it may at any time before registration refuse to marry. The failure of the persons who submitted the application, or at least one of them, to the registry office for marriage is regarded as a refusal to conclude it. Both future spouses must personally appear at the registry office, marriage registration in the absence of one of the parties is not allowed. It is also impossible to conclude a marriage through a representative and on the basis of an application written by only one person. Family law established month between the filing of the application and the actual registration of the marriage. This period is necessary for persons wishing to enter into marriage to be convinced of the seriousness of their intentions, and the period established by law provides interested persons with the opportunity to declare the circumstances that prevent marriage. The law provides for the possibility marriage before the end of the month. This is possible if there are good reasons. It is also possible to increase this period, but not more than a month. Under special circumstances, the marriage may be concluded on the same day as the application is submitted. The law does not provide a list of such circumstances. In practice, good reasons include: pregnancy, the birth of a child, an immediate threat to the life of one of the parties, the call of the groom to serve in the army, an urgent trip on a business trip. If persons entering into marriage are actually married for a long time, then, as a rule, this circumstance is also taken into account by the registry office. As good reasons for extending the period, one can consider: the desire to wait for the arrival of relatives or friends, the opportunity to better prepare for the wedding. A request to change the date of marriage can be applied not only by persons entering into marriage, but also by their parents, and in exceptional cases, state and public organizations. The reasons why the future spouses wish to reduce the monthly period must be documented. According to Art. 11 of the RF IC, state registration of marriage is carried out in the manner established for state registration of acts of civil status. If a citizen who has been denied a marriage, extension or reduction of a monthly period considers this refusal unlawful, then he may appeal actions of the registry office in court. 9. Circumstances preventing marriage Article 14 of the RF IC contains a number of circumstances preventing marriage. The list of these circumstances is exhaustive. Marriage is prohibited between persons, if at least one person is already in another registered marriage. If the previous marriage was dissolved in the manner prescribed by law, terminated (for example, in the event of the death of one of the spouses or declared dead by the court) or declared invalid, then the person is considered unmarried and may enter into a new marriage. Only monogamous marriages are recognized in the Russian Federation. Marriage is not allowed between close relatives. The Family Code of the Russian Federation provides a list of such persons. These include: children and parents, grandparents and grandchildren, full and half brothers and sisters. Full brothers and sisters are children who have both a father and a mother in common. Incomplete brothers and sisters - These are children who have only one common parent - either a father or a mother. Distant relationship (cousins and sisters, etc.) is not an obstacle to marriage. The ban on incestuous marriages is explained by physiological and moral considerations and exists in all civilized countries. Based on moral and ethical considerations, marriage between adoptive parents and adopted children is prohibited. According to the law, relations arising in connection with adoption are equated to family relations. This prohibition does not apply to marriages between relatives of the adopter and the adopted child. According to the RF IC, adopted children lose their personal non-property and property rights in relation to their biological parents, but nevertheless their biological relationship is preserved, therefore, marriage between them cannot be concluded either. Also marriage is prohibited persons, at least one of whom is recognized by the court as incapable due to a mental disorder. According to civil law, a person can only be declared legally incompetent by a court decision if it is established at a court session that, due to a mental disorder, he cannot control his actions and understand their significance. This prohibition is due to the fact that such a person cannot show a conscious will when entering into a marriage. In the absence of a court decision, no mental disorder or mental illness, even certified by a medical report, can in itself be an obstacle to marriage. Disability must be established before marriage If a person is recognized as legally incompetent after marriage, then the marriage cannot be declared invalid on this basis. 10. Marriage age The Family Code of the Russian Federation establishes a general rule according to which marriageable age is 18 Thus, a man and a woman who have reached the age of majority can enter into marriage. According to experts, by the age of 18, the spouses reach the necessary degree of physical, mental and social maturity. Achieving physical maturity is necessary so that persons who have created a family without prejudice to their health can give birth to a healthy child. Mental maturity allows you to consciously make vital decisions. Social maturity means that a man and a woman are able to get a profession, work and support their family. The Family Code of the Russian Federation provides the possibility of reducing the age of marriage According to Art. 13 RF IC with good reason local self-government bodies, at the request of persons wishing to enter into marriage, have the right to allow persons who have reached the age of 16 to enter into marriage. There is no list of reasons why the age of marriage can be reduced in the RF IC. As a rule, they can be any circumstances recognized by local governments as respectful and justifying the desire to marry before the age of 18. Such circumstances include pregnancy, the birth of a child, long-term cohabitation of a man and a woman. When deciding to reduce the marriageable age, LSG bodies should proceed from the need to respect the interests of a minor. Parental consent is not required for marriage. Minors wishing to enter into marriage must apply to the LSG body (district, city administration) with an application to reduce the marriageable age. Marriage license issued by LSG bodies at the place of marriage. Also, the legal representatives of a minor (parents, adoptive parents, trustees) or the guardianship and guardianship authorities, the administration of educational, medical institutions and institutions of social protection of the population, if they are entrusted with the functions of trustees, can submit an application to reduce the marriageable age. Registration of marriage between persons who have reached the age of 16 is carried out in accordance with the general procedure. An unreasonable refusal of local self-government bodies to issue a permit for marriage registration may be appealed to the court within the time limits established by law. A person who has reached the age of sixteen and has registered a marriage in the manner prescribed by law acquires full civil capacity. Guardianship and guardianship over such a person shall be terminated. The Family Code of the Russian Federation gives the subjects of the Russian Federation the right to establish the procedure and conditions under which marriage, as an exception, taking into account special circumstances, may be allowed before the age of 16 years. 11. Termination of marriage Marriage ends due to the death of one of the spouses or the declaration of his death by a court decision. A court decision on declaring a citizen dead may be made if there is no information at the place of his residence about the place of his stay during five years old if he went missing under circumstances threatening death or giving grounds to assume his death from a certain accident, - within six months If a serviceman or other citizen has gone missing during the period of hostilities, he may be declared dead by a court not earlier than two years after the end of hostilities. In these cases, in order to register the termination of the marriage, it is necessary to submit to the registry office a copy of the death certificate, or a copy of the court decision declaring the person dead. In the event of the appearance of a spouse declared dead by the court or recognized as missing by the court, after the cancellation of the relevant court decision, the registry office may restore the marriage terminated as a result of this. Restoration of marriage is possible only if there is a joint application of the spouses. If one of the spouses entered into a new marriage, then the terminated marriage cannot be restored. Also, a marriage may be terminated by dissolution at the request of one or both spouses or at the request of the guardian of a spouse who has been declared legally incompetent by a court. The right to apply for divorce belongs equally to both husband and wife. The exception is Art. 17 of the RF IC, according to which the husband does not have the right to initiate a divorce case during the wife's pregnancy and within a year after the birth of the child without her consent. A marriage can be dissolved either in a simplified manner in the registry office, or in the judiciary. After the dissolution of the marriage, family legal relations between the former spouses are terminated. The actual termination of marital relations between spouses, prolonged separation does not in itself entail the automatic termination of marriage. After the dissolution of the marriage, the spouses may retain the common surname, or may restore their premarital surnames. An innovation of modern legislation is the possibility of dissolution of marriage at the request of the guardian of the spouse, recognized by the court as incompetent. A citizen who is unable to control his actions and understand the meaning of these actions due to a mental disorder can only be recognized as incompetent by a court decision. Guardianship is established over such a citizen. If the dissolution of a marriage is in the interests of an incapacitated citizen, then his guardian may apply for a dissolution of the marriage. In this case, the judicial procedure for dissolution of marriage is applied. 12. Dissolution of marriage in the registry office Divorce is a social phenomenon that testifies to the disintegration of the family. The procedure for dissolution of marriage is quite clearly regulated by the RF IC. A marriage can be dissolved in a simplified manner by the registry office or in court. According to the IC of the Russian Federation, with mutual consent to the dissolution of the marriage of spouses who do not have common minor children, the dissolution of the marriage is carried out in the civil registry offices. Since the law deals only with common children, the presence of illegitimate, i.e., non-common children, by spouses is not an obstacle to divorce. The absence of minor children of the spouse must be confirmed by relevant documents (for example, a mark in the passport). The mutual consent of the spouses to divorce is expressed in writing by submitting a joint application for divorce to the registry office or two separate applications on behalf of each of the spouses. If, after filing the application, one of the spouses changes his mind, the dissolution of the marriage will be carried out in court. Divorce in the registry office can be made at the request of one of the spouses regardless of whether the spouses have common minor children if the other spouse: 1) has been declared missing by the court; 2) has been declared legally incompetent by the court; 3) has been sentenced for committing a crime to deprivation of liberty for a term exceeding three years. In accordance with the Civil Code of the Russian Federation, a citizen may be recognized as missing if during the year at the place of residence there is no information about the place of his stay. An application for recognition of a citizen as missing may be submitted by any interested person. In the event of the appearance of a spouse, recognized by the court as missing, and the cancellation of the corresponding court decision, the marriage can be restored by the registry office, but only upon a joint application of the spouses. A citizen can be recognized by the court incompetent, if, due to a mental disorder, he cannot understand the meaning of his actions or direct them. It should be borne in mind that this provision of the law does not apply to persons with limited legal capacity. In order to dissolve a marriage with an incompetent person, it is necessary to present a copy of the relevant court decision to the registry office. In order to dissolve a marriage with a person sentenced to imprisonment for a term of more than three years, in addition to an application, it is necessary to submit a court verdict that has entered into legal force to the registry office. A person in places of deprivation of liberty retains the right to apply to the court in case of disputes about children, alimony and property. Dissolution of marriage and issuance of a certificate of divorce is made by the registry office after a month from the date of filing an application for divorce in the manner established for state registration of acts of civil status. 13. Procedure for dissolution of marriage The Family Code of the Russian Federation provides There are two ways to dissolve a marriage: 1) in the bodies of registration of acts of civil status; 2) in the cases provided for in Art. 21-23 in court order. Divorce in the registry office This is a simplified divorce procedure. Since the spouses do not have disagreements regarding the decision made, there is no dispute about children. In all developed countries, this procedure is the main one. Marriage is dissolved in the registry offices with the mutual consent of spouses who do not have common minor children to dissolve the marriage. And also at the request of one of the spouses, regardless of whether the spouses have common minor children, if the other spouse: is recognized by the court as missing; recognized by the court as incompetent; sentenced for committing a crime to imprisonment for a term of more than three years. In the first case, the spouses must submit a joint application or two separate applications for divorce to the registry office. In the second, the spouse must attach to the application for divorce a copy of the relevant court decision or a copy of the verdict that has entered into force. An application for divorce can be filed with the registry office at the place of residence of any of the spouses. Based on the results of consideration of the application, the registry offices only state the fact of a divorce, without clarifying the circumstances of the case that contribute to the adoption of such a decision by the spouses. State registration of divorce is carried out by the civil registry offices in the manner prescribed for state registration of civil status acts. The dissolution of a marriage is carried out in a judicial proceeding in the presence of spouses of common minor children (with the exception of cases provided for by the rules on divorce in the registry office) or in the absence of the consent of one of the spouses to dissolve the marriage. If one of the spouses, despite the absence of objections, evades the dissolution of the marriage in the civil registry office (refuses to file an application, does not want to appear for registration of the dissolution of marriage, etc.), then the marriage will also be dissolved in court. The suing spouse becomes the plaintiffand the other spouse the defendant. Claims for the dissolution of marriage are considered by magistrates in civil proceedings. As a general rule, a claim is brought to the court at the place of residence of the defendant, if the plaintiff has minor children or for health reasons cannot travel to the place of residence of the defendant, the claim is filed at the place of residence of the plaintiff. In cases stipulated by law, cases of divorce are considered with the participation of the prosecutor, guardianship and guardianship authorities that protect the rights of minors. The decision to dissolve a marriage may be appealed by the spouses in the manner prescribed by the civil procedural legislation. 14. Dissolution of marriage in court By dissolving a marriage in court, the spouses become participants in the civil process. The person who filed the application acts as the plaintiff, and the other spouse as the defendant. The dissolution of a marriage is carried out in a judicial proceeding in the presence of spouses have common minor children (except as provided for by the RF IC) or in the absence of the consent of one of the spouses to dissolve the marriage. Also, the dissolution of a marriage is carried out in court 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 the marriage, etc. Dissolution of marriage in a judicial proceeding is carried out if the court establishes that the further joint life of the spouses and the preservation of the family is impossible. Thus, the court acts as a body authorized by the state to protect the family. When considering a divorce case without the consent of one of the spouses to dissolve the marriage, the court has the right to take measures to reconcile the spouses and has the right to postpone the proceedings, setting the spouses a period for reconciliation within three months. At the request of the spouses, the court may decide to dissolve the marriage without setting a time limit for reconciliation. Divorce cases are pending involving both spouses. But if the defendant did not state the reasons for the absence or these reasons were recognized by the court as invalid, the court considers the case in the absence of the defendant's spouse, if the spouse who filed the application does not object. In case of absence of both spouses at the court session on the divorce case, the court terminates the proceedings on the case. The proceedings will also be terminated if the spouses reconcile before the expiration of the period granted to them by the court. If the measures for reconciliation of the spouses turned out to be ineffective and the spouses (or one of them) insist on the dissolution of the marriage, the court continues the proceedings and makes a decision on the dissolution of the marriage. If there is mutual consent to the dissolution of the marriage of spouses who have common minor children, and also if one of the spouses evades the dissolution of the marriage in the registry office, the court dissolves the marriage without clarifying the motives for the divorce. The dissolution of a marriage shall be effected by the court not earlier than one month from the date of filing by the spouses of the application for the dissolution of the marriage. When dissolving a marriage, spouses can submit to the court an agreement on which of them will live with minor children, on the procedure for paying funds for the maintenance of children, or on the division of common property. Marriage is considered terminated from the day the court decision enters into legal force. 15. Issues resolved by the court when making a decision on divorce Divorce entails termination of marital obligations. As a result, the former spouses have to resolve a number of vital issues on which they can submit an agreement to the court. In the agreement, the spouses indicate with which of them minor children will live, establish the procedure for paying funds for the maintenance of children and (or) a disabled needy spouse, and the amount of these funds. Also in the agreement, you can stipulate the issue of the division of common property. As a rule, these issues are resolved amicably, and there is no dispute on them in court. If the spouses failed to reach an agreement on the above issues or the spouses submitted an agreement to the court that, in the opinion of the court, violates the interests of the children or one of the spouses, the court is obliged to determine with which parent the minor children will live after the divorce. In resolving this issue, the court proceeds primarily from the interests of the child. If the child has reached 10 years, the court takes into account his opinion. The court is obliged to determine from which of the parents and in what amounts alimony for their children. In most cases, children stay with one parent. In this case, the other parent must pay child support. If the children remain to live with each of the parents, the court determines the amount of alimony, taking into account the financial situation of each of the parents. The wealthier parent pays child support to the less wealthy parent. If at the time of dissolution of the marriage the children do not live with their parents, but are with third parties, then the issue of transferring them to their parents or one of the parents is resolved by filing an independent claim. If, during a divorce, the spouses do not raise these issues before the court, the court is obliged to resolve them on its own initiative. At the request of the spouses or one of them, the court is obliged to divide the property that is in their joint ownership. Spouses who have not filed a claim for the division of property upon dissolution of the marriage retain the right to file a claim for the division of jointly acquired property within three years after the divorce. If the division of common property affects the interests of third parties, the court has the right to separate the claim for the division of property into a separate proceeding. The court is also obliged, at the request of the spouse who has the right to receive maintenance from the other spouse, to determine the amount of this maintenance. To resolve this issue, the spouse who has made such a claim is obliged to submit to the court documents confirming the right of the spouse to receive maintenance. A disabled or needy spouse has the right to receive alimony from a former spouse. 16. Moment of termination of marriage Divorce entails termination of family relations between spouses. The moment from which a marriage is considered terminated is established by family law, depending on the procedure for its dissolution. In case of divorce in the registry office the moment of termination of the marriage is considered the day of state registration of the dissolution of marriage in the register of acts of civil status. A marriage is dissolved in the registry office on the basis of a joint application of the spouses or two separate applications, and if one of the spouses is recognized as missing, incompetent, sentenced to imprisonment for a term of more than three years - at the request of the other spouse. In cases where the law allows for the dissolution of a marriage at the request of one of the spouses, it is necessary to submit to the registry office the following documents: 1) a copy of a court decision that has entered into legal force on recognizing a citizen as missing; 2) a copy of a court decision that has entered into legal force on recognizing a citizen as legally incompetent; 3) a copy of a court verdict that has entered into legal force with the imposition of a sentence of imprisonment for a term of more than three years. According to the previous legislation, a marriage dissolved in court was terminated from the moment of its state registration in the register of acts of civil status. This gave rise to legal uncertainty, since persons who divorced in court and did not register the divorce with the registry office legally remained husband and wife. At any time, each of the spouses could obtain a certificate of divorce without informing the other spouse, which often led to infringement of his rights. According to the current RF IC, when a marriage is dissolved in court, the marriage is terminated from the moment the court decision enters into legal force. Within three days from the day the court decision on the dissolution of the marriage enters into legal force, the court is obliged to send an extract from this decision to the registry office at the place of state registration of the marriage. After the divorce is registered, the spouses are issued a certificate of divorce. Prior to receiving such a certificate, spouses are not entitled to enter into a new marriage. For registration of dissolution of marriage, a state duty is charged in the amount established by the Tax Code of the Russian Federation. The Tax Code of the Russian Federation establishes the following stamp duty amounts: when filing a claim for divorce in court - 200 rubles; for state registration of divorce, including the issuance of certificates, with the mutual consent of spouses who do not have common minor children - 200 rubles from each of the spouses; upon dissolution of marriage at the request of one of the spouses, if the other spouse is recognized by the court as missing, incompetent or sentenced for committing a crime to imprisonment for a term of more than three years - 100 rubles. 17. Invalidity of marriage It is only possible to declare a marriage invalid judicially. A marriage may be declared invalid if, during its conclusion, the conditions necessary for this, established by family law, were violated. Marriage can be declared invalid at the request of a person entitled to demand recognition of a marriage as invalid, if it was concluded: 1) in the absence of mutual voluntary consent of a man and a woman; 2) upon marriage by persons who have not reached the age of marriage and who have not received permission from local self-government bodies; 3) persons, one of whom is already in another registered marriage; 4) between close relatives; 5) persons, of which at least one is recognized by the court as incapable due to a mental disorder; 6) between adoptive parents and adopted children. A marriage may be declared invalid if one of the persons entering into marriage hid from the other person the presence of a venereal disease or HIV infection, as well as in the event of a fictitious marriage. If the spouses or one of them registered a marriage without the intention of starting a family, then such a marriage is fictitious. The fictitiousness of marriage is established by the court. If the persons registered a knowingly fictitious marriage, but before the moment the case was considered by the court, they actually created a family, then the court refuses to recognize such a marriage as fictitious. The right to demand recognition of a marriage as invalid: 1) a spouse from whom the other spouse concealed the fact that he had a venereal disease or HIV infection; 2) a minor spouse, his parents, guardians, trustees, guardianship and guardianship authorities, a prosecutor, if the marriage was entered into with a person who has not reached marriageable age; 3) a spouse who did not know about the existence of circumstances preventing marriage; 4) a spouse whose rights have been violated by entering into marriage, as well as a prosecutor, if the marriage has been entered into in the absence of the voluntary consent of one of the spouses to enter into marriage; 5) the guardian of the spouse recognized as legally incompetent; 6) a spouse from a previous undissolved marriage; 7) other persons whose rights are violated by marriage; 8) a spouse who did not know about the fictitious marriage in case of entering into a fictitious marriage. A marriage cannot be declared invalid after its dissolution. Except in cases where one of the spouses is in another undissolved marriage or if there is a close family relationship between the spouses. Cases on the recognition of marriage as invalid are considered in the order of action proceedings. The statute of limitations does not apply to such cases. During the three days from the date of entry into force of the court decision on recognizing the marriage as invalid, the court is obliged to send an extract from this court decision to the civil registry office at the place of state registration of the marriage. 18. Consequences of declaring a marriage invalid An invalid marriage does not give rise to any legal consequences for the persons entering into it. The only exceptions are cases where one of these persons is recognized as a conscientious spouse. Recognition of marriage as invalid is made only by the court. Marriage recognized invalid in the manner prescribed by law, does not give rise to the rights and obligations of the spouses provided for by the RF IC. A marriage is recognized as invalid from the date of its conclusion, therefore, no rights and obligations arising from family relations are recognized for persons who are in such a marriage. The rules on jointly acquired property do not apply in this case. Property acquired by the spouses during such a marriage is not recognized as their joint property. The provisions of the Civil Code of the Russian Federation on shared ownership shall apply to property acquired during the period of joint life by persons whose marriage has been declared invalid. If the marriage contract was concluded by the spouses, then it is also considered invalid from the moment of its conclusion. Recognition of marriage invalid does not affect the rights of children born in such a marriage or within three hundred days from the date of recognition of the marriage as invalid, i.e. children have all the rights provided for by the Family Code of the Russian Federation. However, the law gives the right to the person recorded as the child's father to challenge the entry in the birth register. Questions about the payment of alimony for the maintenance of children, about the place of residence of children are resolved according to the same rules as in the case of divorce. None of the spouses who were in a marriage recognized as invalid is recognized the right to receive maintenance from the other spouse. When making a decision on recognizing a marriage as invalid, the court may recognize a number of rights provided for by the Family Code of the Russian Federation for a conscientious spouse. A conscientious spouse is a person whose rights were violated by marriage, which was later recognized as invalid. Such a spouse retains the right to receive maintenance from the other spouse in the manner prescribed by the RF IC, in the event of the division of jointly acquired property acquired before the marriage was declared invalid, the court has the right to apply the provisions established by the RF IC, as well as recognize the marriage contract as valid in full or in part . If a spouse, when registering a marriage, took the surname of the other spouse, then if the marriage is declared invalid, he is assigned a premarital surname. A conscientious spouse has the right through the court to demand compensation for the material and moral damage caused to him in the manner prescribed by civil law. A conscientious spouse, when declaring a marriage invalid, has the right to retain the surname chosen by him when registering the marriage. 19. Personal rights and obligations of spouses From the moment of registration of marriage, each of the spouses acquires the rights and obligations provided for by family law. These rights can be divided into two groups: personal and property. Personal rights and obligations These are rights that affect the personal interests of the spouse. Signs of personal rights: inalienable, have no monetary equivalent, cannot be the subject of transactions. The fact of marriage cannot limit the legal capacity of the spouse. Personal rights cannot be limited or cancelled. Any restriction of personal rights, expressed in any form, is void. The Family Code of the Russian Federation establishes the equality of spouses in the family. This principle is based on the constitutional principle of equality of rights and freedoms of men and women. So, according to paragraph 1 of Art. 31 of the Family Code of the Russian Federation, each of the spouses is free to choose their occupation, profession, place of stay and residence. Issues of motherhood, fatherhood, upbringing, education of children and other issues of family life are resolved by spouses jointly on the basis of the principle of equality of spouses (clause 2, article 31 of the RF IC). The law gives each spouse the right to choose their own place of residence. Priority is given to cohabitation of spouses. This is confirmed by the norms of the Civil Code of the Russian Federation, which establishes that if one spouse moves into the living space of another spouse, the owner of this residential premises, then he acquires the right to use the residential premises. Spouses can independently choose their occupation and profession. As a rule, making their choice, the spouses proceed from the interests of the family. The principle of equality of spouses in the family is expressed in the fact that none of the spouses can have any advantages whatsoever in resolving family issues. Spouses are obliged build their relationships in the family on the basis of mutual respect and mutual assistance, promote the well-being and strengthening of the family, take care of the welfare and development of their children in accordance with paragraph 3 of Art. 31 RF IC. According to paragraph 1 of Art. 9 of the Family Code of the Russian Federation, when entering into a marriage, the spouses, at their will, may choose the surname of one of them as a common surname, or each of the spouses retains his premarital surname, or adds the surname of the other spouse to his surname, unless otherwise provided by the laws of the constituent entities of the Russian Federation. The law does not allow combining surnames if the premarital surname of at least one of the spouses is already a double one. Change of surname by one of the spouses does not entail behind a change in the surname of the other spouse (clause 2, article 9 of the RF IC). Paragraph 3 of Art. 9 of the Family Code of the Russian Federation provides that in the event of a divorce, the spouses have the right to retain a common surname or restore their premarital surnames. A change by a citizen of a surname is not a basis for terminating or changing civil rights and obligations. 20. Legal regulation of property relations of spouses Legal regulation of property relations spouses is of great importance not only during the existence of a marriage, but also after its dissolution. The norms on the protection of private property, established in the Constitution of the Russian Federation and the Civil Code of the Russian Federation, are being developed and specified in more detail in the RF IC. The object of property relations is everything that is the object of property rights. The Family Code of the Russian Federation establishes two regimes of property of spouses: legal and contractual. The legal regime of property of spouses is the regime of their joint property. Joint property is all property acquired by spouses during marriage. Spouses own, use and dispose of common property by mutual agreement. If one of the spouses makes a transaction in relation to joint property, it is assumed that he acts with the consent of the other spouse. To make a real estate transaction, a notarized consent of the other spouse is required. A transaction made by one of the spouses without the consent of the other spouse may be declared invalid in the manner prescribed by law. The law establishes this rule in order to protect the rights and legitimate interests of all family members. It is necessary to distinguish the property of each of the spouses from common property. So, spouses' personal property is property owned by each of the spouses before marriage, received by one of the spouses during marriage as a gift, by inheritance or by other gratuitous transactions. Personal property also includes personal items (clothes, shoes), jewelry and luxury items, even if they were acquired during the marriage at the expense of common funds. When dividing common property and determining shares in this property, the shares of the spouses are recognized as equal. Along with the legal regime of the RF IC, it allows spouses to independently determine the fate of their property. This mode is called negotiable. The spouses have the right to conclude a marriage contract - an agreement that defines the property rights and obligations of the spouses in marriage or in the event of its dissolution. By a marriage contract, the spouses have the right to change the regime of joint ownership established by law, to establish the regime of joint, shared or separate ownership of all the property of the spouses, of its separate types or of the property of each of the spouses. A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses. The marriage contract may determine the fate of the property acquired by the spouses during their joint life in the event of divorce. A marriage contract may not include conditions that are contrary to the law, restrict the legal capacity and capacity of the spouses, violate the rights, freedoms and legitimate interests of family members. If the terms of the marriage contract put one of the spouses in an extremely unfavorable position, then such a contract may be declared invalid by the court. 21. Joint property of spouses Property acquired by spouses during marriage is their joint property. The Family Code of the Russian Federation refers to property acquired by spouses during marriage, Incomes each of the spouses from labor activity, entrepreneurial activity, results of intellectual activity; pensions, allowances received by them, as well as other cash payments that do not have a special purpose. To such payments include: amounts of material assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health, etc. To common property spouses also includes movable and immovable things acquired at the expense of the joint income of the spouses, securities, shares, contributions, shares in the authorized capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether on in the name of which of the spouses it was acquired or in the name of which or by which of the spouses the funds were deposited. The right to the common property of the spouses also belongs to the spouse who, during the period of marriage, was engaged in housekeeping, caring for children or, for other valid reasons, did not have an independent income. As a rule, valid reasons include disability, serious illness, etc. Spouses own, use and dispose of common property jointly and by mutual consent. If one of the spouses makes a transaction on the disposal of the common property of the spouses, it is assumed that he acts with the consent of the other spouse. If one of the spouses, in the absence of the consent of the other spouse, makes a transaction on the disposal of common property, then such a transaction may be declared invalid in court if it can be proved that the other party knew or obviously should have known about the other spouse's disagreement with the transaction. In order for one of the spouses to make a transaction on the disposal of real estate, it is necessary to obtain a notarized consent of the other spouse. The spouse who has not consented to the conclusion of such a transaction has the right to demand recognition of the transaction as invalid in a judicial proceeding. For this requirement, the law establishes a limitation period, which is one year from the date when the unknowing spouse knew or should have known about the transaction. The joint ownership regime does not apply to property owned by each of the spouses before marriage, as well as received by one of the spouses during marriage as a gift, by inheritance or by other gratuitous transactions. Such property is the property of each of the spouses and is not subject to division upon dissolution of the marriage. 22. Division of common property of spouses In accordance with the RF IC, the common property of the spouses can be divided between the spouses by their agreement. The agreement on the division of common property at the request of the spouses can be notarized. In the event of a dispute, the determination of the shares of the spouses in the common property, as well as the division of the common property of the spouses, is carried out judicially. The division of the common property of the spouses can be made both during the period of marriage and after its dissolution at the request of any of the spouses, as well as in the event that the creditor claims the division of the common property of the spouses in order to levy execution on the share of one of the spouses in the common property of the spouses. At the request of the spouses, when dividing the common property, the court determines what property is subject to transfer to each of the spouses. If property is transferred to one of the spouses, the value of which exceeds share due to him, the other spouse may be awarded appropriate monetary or other compensation. Items acquired solely to meet the needs of minor children are not subject to division and are transferred without compensation to the spouse with whom the children live. These items include: clothes, shoes, school and sports supplies, musical instruments, a children's library, etc. This list is not exhaustive. Contributions made by spouses at the expense of their common property in the name of their common minor children are considered to belong to these children and are not taken into account when dividing the common property of the spouses. The court may recognize the property acquired by each of the spouses during the period of their separation upon termination of family relations as the property of each of them. In the case of the division of the common property of the spouses during the marriage, that part of the common property of the spouses that was not divided, as well as the property acquired by the spouses during the marriage in the future, shall constitute their joint property. When dividing common property, the shares of spouses in this property are recognized as equal, unless otherwise provided by the agreement. The court has the right to depart from the beginning of the equality of the shares of the spouses in their common property, based on the interests of the children or on the basis of the noteworthy interest of one of the spouses, in particular in cases where the other spouse did not receive income for unjustified reasons or spent the common property to the detriment of the interests of the family. The total debts of the spouses in the division of common property shall be distributed among the spouses in proportion to the shares awarded to them. A three-year limitation period shall apply to the claims of spouses on the division of common property whose marriage has been dissolved. 23. Property of each spouse The property that belonged to each of the spouses before marriage, and the property received by one of the spouses during marriage as a gift, by inheritance or by other gratuitous transactions, is his property. property. The spouse owns, uses and disposes of such property independently. The consent of the other spouse is not required when alienating the personal property of the spouse. Valuable prizes, medals, awards, prizes awarded for personal creative achievements also belong to the personal property of each of the spouses. If the bonus is an additional remuneration for work as a type of wage, then such a payment is recognized as the common property of the spouses. Gifts received by one of the spouses must be distinguished from wedding gifts. It is assumed that wedding gifts are made to both spouses, therefore they are their common property. Personal items (clothing, footwear, cosmetics, medical devices, etc.), with the exception of jewelry and other luxury items, although acquired during the marriage at the expense of the joint funds of the spouses, are recognized as the property of the spouse who used them. The RF IC does not contain a list of items related to luxury goods. This is a value concept. In each case, the issue of classifying property as a luxury item is decided by the court, taking into account the living conditions of the spouses and other circumstances. Personal property is property received by inheritance. For example, if during marriage a spouse inherits a privatized apartment, then this property is not included in the joint property of the spouses. Not included in common property and things received by one of the spouses as a donation. The law does not define the fate of the objects of professional activity of the spouses, for example, a musical instrument for a musician. As a rule, the question of to whom they will be transferred during the division of common property is decided by the court based on the value of these items. The property of each of the spouses 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 each of the spouses or the labor of one of the spouses, investments were made that significantly increase the value of this property (major repairs, reconstruction, re-equipment and etc.). The property acquired by each of the spouses during the period of their separation, upon termination of family relations, the court may recognize as the property of each of them. In the event of a dispute in court, the amount of property acquired by the spouses before marriage must be confirmed by relevant documents. Personal property not subject to division. 24. Marriage contract Along with the legal regime of property, the RF IC provides for a contractual regime for the property of spouses. The Family Code of the Russian Federation gives spouses the right to conclude a marriage contract. Marriage contract - this is an agreement of persons entering into marriage, or an agreement of spouses that determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution. A marriage contract is a kind of civil law contracts. Therefore, this contract must comply with the requirements of the Civil Code of the Russian Federation. A marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage. A marriage contract concluded before the state registration of the conclusion of marriage shall enter into force on the day of the state registration of the conclusion of marriage. If, after the conclusion of the marriage contract, state registration of marriage did not follow, then such an agreement is void and has no legal force. A prenuptial agreement may be concluded for a fixed period or be made dependent on the fulfillment or non-fulfilment of certain conditions. The purpose of the marriage contract is the establishment of one or another legal regime of property of the spouses. The marriage contract may establish that the property acquired by the spouses during the marriage is their shared or separate property. The subject of the contract are the relations that arise between the spouses about the existing and future property. The parties to the agreement are persons who intend to marry, as well as persons already in a registered marriage. The Family Code of the Russian Federation establishes the following requirements for the form of the contract: a marriage contract is concluded in writing and is subject to mandatory notarization. According to the Civil Code of the Russian Federation, non-observance of the form of the contract entails its invalidity. A marriage contract can be declared invalid by a court if it does not comply with the law, contradicts the basics of law and order and morality, is concluded by an incompetent citizen who is unable to understand the meaning of his actions, or under the influence of deceit, delusion, violence or threat, and also if the terms of the contract put one of the spouses in an extremely unfavorable position . Unilateral refusal to perform a marriage contract is not allowed. The contract can be changed or terminated at any time by agreement of the spouses. The agreement must be in writing and notarized. The conclusion of a prenuptial agreement allows spouses to avoid disputes over jointly acquired property, which often arise during the dissolution of a marriage. The marriage contract ends from the moment of termination of the marriage, with the exception of those obligations that are provided for by the marriage contract for the period after the termination of the marriage. 25. Content of the marriage contract The Family Code of the Russian Federation provides spouses, by concluding a marriage contract, to change the statutory regime of joint ownership, to establish a regime of joint, shared or separate ownership of all the property of the spouses, on its separate types or on the property of each of the spouses. Spouses entitled to enter into a marriage contract both in relation to the property they already have, and in relation to property, the acquisition of which is expected in the future. The terms of the contract are determined by the parties themselves; coercion to conclude it is not allowed. The rights and obligations stipulated by the marriage contract may be limited to certain periods or be made dependent on the non-occurrence of certain conditions. A marriage contract cannot restrict the legal capacity or legal capacity of the spouses, their right to apply to the court for the protection of their rights; regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children; provide for provisions restricting the right of a disabled needy spouse to receive maintenance; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law. Never establish in the marriage contract obligations, the performance of which may put one of the spouses in an extremely unfavorable position, for example, the obligation of one of the spouses to transfer to the ownership of the other spouse all the property acquired during the marriage. In the marriage contract, the spouses can determine their rights and obligations for mutual maintenance (the procedure, amount, duration of payment of funds for the maintenance of one of the spouses), ways of participating in each other's income (for example, distribution of profits between spouses if one of them is the owner any enterprise), the procedure for each of them to bear family expenses; determines the property that will be transferred to each of the spouses in the event of a divorce, as well as any other provisions relating to the property relations of the spouses. This list is not exhaustive. The marriage contract is concluded only in writing and is subject to mandatory notarization. Marriage contracts concluded between January 1, 1995 and March 1, 1996 are valid without notarization, since the Civil Code of the Russian Federation, which first established the possibility of concluding a marriage contract, did not provide for such contracts to be notarized. Therefore, the marriage contract concluded by the spouses in a simple written form has legal force during this period. 26. Responsibility of spouses for obligations The RF IC contains rules governing the liability of spouses for obligations. The main source of compensation for violated obligations is their property. Spouses are liable both common and personal property. The law establishes the following procedure for levying execution on the property of spouses. For the obligations of one of the spouses, recovery may be levied only on the property of this spouse. If this property is insufficient, the creditor has the right to demand that the share of the debtor spouse, which would be due to him in the division of the common property of the spouses, be segregated in order to levy execution on it. To do this, you need to make a division of property. Foreclosure on the common property of the spouses is possible in the following cases: 1) the spouse does not have other property necessary to satisfy the claims of creditors; 2) if the other spouse refuses to redeem their share in the common property of the spouses at a price commensurate with the market value of this share. If the court establishes that everything received under the obligations of one of the spouses was used for the needs of the family, then the collection is levied on the common property of the spouses. Also, execution may be levied on the common property of the spouses if it is established by a court verdict that the common property of the spouses was acquired or increased at the expense of funds obtained by one of the spouses in a criminal way. Obligations closely related to the personality of the spouse (for example, to pay alimony, to compensate for harm caused to life or health) are his personal obligations, for which he is liable with his property. The other spouse is not responsible for such obligations. Spouses are liable for debts to creditors with both common and personal property. According to the Family Code of the Russian Federation, spouses in a marriage contract can establish a regime of separate property. In this case, foreclosure on the common property of the spouses in case of non-fulfillment of the obligation becomes problematic. The Family Code of the Russian Federation provides guarantees for the rights of creditors when concluding, amending and terminating a marriage contract. When concluding, changing or terminating a marriage contract, the spouse is obliged to notify his creditors about this. In case of failure to fulfill this obligation, the spouse is liable for his obligations, regardless of the content of the marriage contract. Creditors of the spouse-debtor have the right to demand changes in the conditions or termination of the agreement concluded between them in connection with significantly changed circumstances in the manner established by the Civil Code of the Russian Federation. Responsibility of spouses for harm caused by their minor children, is determined by civil law. 27. Establishing paternity According to RF IC rights and obligations of parents and children are based on the origin of children, certified in the manner prescribed by law. Thus, the rights and obligations of parents are based by blood relationship and recognition of this fact by the state. Establishment of paternity is carried out by the registry office, and in cases provided for by law, by the court. The father of a child born from persons who are in a registered marriage to each other, as well as during 300 days from the moment of dissolution of marriage, its recognition as invalid or from the moment of death of the spouse of the mother of the child, the spouse (former spouse) of the mother is recognized, unless otherwise proven. The paternity of the spouse of the mother of the child is certified by a record of their marriage. If the parents of the child are not married to each other, then in order to establish paternity, the mother and father must submit a joint application to the registry office. In cases where it is impossible to establish the location of the mother or she is deprived of parental rights, recognized by the court as incapable, and also in the event of her death, paternity is established at the request of the father of the child with the consent of the guardianship and guardianship authority, and in the absence of such consent - By the tribunal's decision. If there are circumstances that give reason to believe that filing a joint declaration of paternity may be impossible or difficult after the birth of the child, the unmarried parents of the unmarried child have the right to submit such an application to the registry office during pregnancy mother. The birth record will be made after the birth of the child. If a person has reached the age of 18 or is recognized as fully capable (emancipation) in the manner prescribed by the Civil Code of the Russian Federation, then paternity can be established in relation to him only with his consent, and if he is recognized as incapacitated, with the consent of his guardian or guardianship and guardianship authority . If a child was born to parents who are not married to each other, and there is no joint application of the parents, paternity is established in court at the request of one of the parents, the guardian of the child or at the request of the person who is dependent on the child, as well as at the request of the child himself they reach adulthood. At the same time, the court takes into account any evidence that reliably confirms the origin of the child from a particular person. In the event of the death of a person who called himself the father of the child, but was not married to the mother of the child, the fact of recognizing paternity by him may be established in court in accordance with the rules established by the Code of Civil Procedure of the Russian Federation. When establishing paternity in the manner prescribed by the RF IC, children have the same rights and obligations in relation to their parents and their relatives as children born to married persons. 28. Establishing the parentage of a child According to RF IC origin of children certified in the manner prescribed by law, is the basis for the emergence of the rights and obligations of parents and children. The origin of the child from the mother (maternity) is certified by the registry office on the basis of documents confirming the birth of the child by the mother in a medical institution. In the case of a child being born outside a medical institution, its origin is established on the basis of medical documents, testimonies or other evidence confirming the origin of a particular child from a particular woman. The fact of the origin of the child from the mother can be established in court. In this case, an entry in the registry office is made on the basis of a court decision that has entered into force. If the child was born from persons who are married to each other, as well as during 300 days from the moment of dissolution of the marriage, its recognition as invalid or from the moment of death of the spouse of the mother of the child, the spouse (former spouse) of the mother is recognized as the father of the child, unless otherwise proven. The paternity of the spouse of the mother of the child is certified by a record of their marriage. If a child is born to unmarried persons, in order to establish paternity, the parents must submit a joint application to the registry office. In the event of the death of the mother, her recognition as incapacitated, the impossibility of establishing the location of the mother or in the event of deprivation of her parental rights, paternity is established at the request of the father of the child with the consent of the guardianship and guardianship authority, and in the absence of such consent - by a court decision. When a child is born to parents, not married to each other, and in the absence of a joint statement of the parents or the statement of the father of the child, the origin of the child from a specific person (paternity) is established in court at the request of one of the parents, guardian (custodian) of the child or at the request of the person who is dependent on the child, as well as at the request of the child himself when they reach adulthood. At the same time, the court takes into account any evidence that reliably confirms the origin of the child from a particular person. 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 may be established in court in accordance with the rules provided for by the Code of Civil Procedure of the Russian Federation. Father and mother, married to each other, are recorded by the child's parents in the birth record book at the request of any of them. If a child is born to an unmarried mother, in the absence of a joint application of the parents or in the absence of a court decision on establishing paternity, the surname of the child's father in the birth register is recorded by the mother's surname, the name and patronymic of the child's father - at her direction. 29. Rights of minors Under family law, a child is a person under the age of 18. The ability of children to acquire the rights provided for by family law arises from the moment of birth. Allocate personal and property rights. The personal non-property rights of a child include: 1) the right to live and be brought up in a family; 2) the right to communicate with parents and other relatives; 3) the right to protection; 4) the right to express one's opinion; 5) the right to a given name, patronymic and surname. Every child has the right to live and be brought up in a family, to know his parents, the right to their care, to live together with them, except in cases where this is contrary to his interests. The child has the right to be raised by his parents, ensure his interests, comprehensive development, respect for his human dignity. The child has the right to communicate with both parents, as well as other relatives. The dissolution of marriage by parents, its recognition as invalid does not affect the rights of the child. In the case of separation of parents, the child has the right to communicate with each of them. The protection of the rights and legitimate interests of the child is carried out by the parents, and in cases provided for by the RF IC, by the guardianship and guardianship authority, the prosecutor and the court. Minor, recognized by the court as fully capable, has the right to independently exercise their rights and obligations. In case of violation of the rights and legitimate interests of the child, including in case of failure or improper fulfillment by parents of the duties of upbringing, education of the child, or in case of abuse of parental rights, the child has the right to independently apply for their protection to the body of guardianship and guardianship, and upon reaching the age 14 years - to court. The child has the right to express his opinion when resolving any issue in the family that affects his interests, as well as to be heard in the course of any judicial or administrative proceedings. Consideration of the opinion of a child who has reached the age of 10 years is mandatory, except in cases where this is contrary to his interests. In cases of changing the name and surname of the child, restoration of parental rights, adoption, change of the name, surname and patronymic in connection with the adoption, registration of the adoptive parents as parents, the guardianship and guardianship authorities or the court can make a decision only with the consent of the child who has reached the age of 10 years. The child has the right to a name, surname and patronymic, as well as to change them in the manner prescribed by law. Property rights. Ребенок has the right to to receive maintenance from their parents and other family members. Child has no right ownership of the property of the parents, and the parents do not have ownership of the property of the child. The amounts due to the child as alimony, pensions, allowances are at the disposal of the parents and are spent by them on the maintenance, upbringing and education of the child. 30. The child's right to protection Under the protection of family rights means the measures provided for by law aimed at recognizing and restoring violated rights, suppressing offenses and applying family law sanctions to violators. The Family Code of the Russian Federation provides two ways to protect family rights: 1) jurisdictional; 2) judicial. The subject protection are violated subjective rights and legitimate interests of the child. Protection of the rights and legitimate interests of a minor is carried out by applying the norms of administrative, civil, family, criminal, labor and other branches of law. The child, as a participant in family legal relations, has the right to protection of his rights and legitimate interests. The protection of the rights and legitimate interests of the child is carried out by the parents, and in cases provided for by the RF IC, by the guardianship and guardianship authority, the prosecutor and the court. Parents act in defense of the rights and legitimate interests of their children in relations with any individuals and legal entities, as well as in courts. When exercising their powers to protect the rights of the child, parents must proceed from his interests and act taking into account the opinion of the child himself if he reaches 10 years of age. The bodies of guardianship and guardianship are charged with protecting the rights of graduates of educational and other institutions in which children were fully supported by the state. The prosecutor has the right to demand the annulment of the adoption in the following cases: 1) in case of evasion of the adoptive parents from fulfilling the duties of parents assigned to them; 2) in case of abuse of parental rights; 3) in case of cruel treatment of an adopted child; 4) if the adoptive parents are ill with chronic alcoholism or drug addiction. A minor, who is recognized by the court as fully capable, has the right to independently exercise his rights and obligations. In case of violation of the rights and legitimate interests of the child, as well as in case of non-fulfillment or improper fulfillment by parents of the duties of raising, educating the child, or in case of abuse of parental rights, the child has the right to independently apply for their protection to the guardianship and guardianship authority. If the child has reached 14 years of age then for the protection of the rights and legitimate interests, he has the right to apply to the court. Officials of organizations who become aware of a threat to the life or health of a child, a violation of his rights and legitimate interests, are obliged to report this to the guardianship and guardianship authority at the actual location of the child. Upon receipt of such information, the guardianship and guardianship body is obliged to take the necessary measures to protect the rights and legitimate interests of the child. 31. Completion of acts of registration of civil status The procedure for state registration of acts of civil status is determined by the Federal Law "On Acts of Civil Status". Acts of civil status are the actions of citizens or events that affect the emergence, change or termination of rights and obligations, as well as characterize the legal status of citizens. According to the above law subject to state registration the following acts of civil status: 1) birth; 2) marriage; 3) divorce; 4) adoption (adoption); 5) establishment of paternity; 6) name change; 7) death. This list is exhaustive. Purpose of state registration acts of civil status: protection of property and personal non-property rights of citizens and the interests of the state. To draw up a record of a civil status act, documents that are the basis for state registration of a civil status act and an identity document of the applicant must be submitted. After the registration of the act of civil status is issued certificate, certifying the fact of registration. For the state registration of acts of civil status, a state fee is charged in the amount established by the Tax Code of the Russian Federation. Denial of state registration of acts of civil status is allowed only in cases established by law, and may be appealed by the interested person in court. If there are grounds for making corrections and changes in the records of civil status acts, the interested person has the right to submit an application for making changes to the registry office at the place of his residence or at the place of storage of the record to be corrected. The application is considered by the registry office. Refusal of the registry office in making corrections or changes in the record of the act of civil status may be appealed by the applicant to the court. Correction or change in the entry of a civil status act is made by the registry office at the place of storage of the entry to be corrected or changed. Based on the corrected or amended entry, the applicant is issued a new certificate of state registration of a civil status act. A lost record of a civil status act can be restored by the registry office on the basis of a court decision that has entered into legal force. Based on the restored record, a certificate of state registration of a civil status act is issued with a note that the record has been restored. Books of state registration of acts of civil status are stored in the registry office for 75 years from the date of compilation of the records, and after this period they are handed over to the archive. 32. The right of the child to express his opinion The right to express one's opinion is one of the most important and inalienable human rights. The Convention of November 20, 1989 "On the Rights of the Child" (Geneva) gives every child who is able to formulate his views the right to express his opinion on issues that affect his interests. This provision of the Convention is also reflected in Russian family law. In accordance with the Family Code of the Russian Federation, a child has the right to express his opinion when resolving any issue in the family that affects his interests, as well as to be heard in the course of any judicial or administrative proceedings. The opinion of a minor must be taken into account in the following cases: 1) when parents resolve issues related to family upbringing of children, their education; 2) when parents choose an educational institution; 3) when the court resolves a dispute about the place of residence of children when the parents live apart; 4) upon refusal of a claim for the restoration of parental rights; 5) in case of refusal to satisfy the claim for the abolition of the restriction of parental rights in a judicial proceeding; 6) when the court considers the claim of the relatives of the child for the removal of obstacles to communication with them; 7) when considering the claim of parents for the return of children to them; when considering cases of contesting the record of paternity. In case of disagreement with the opinion of the child, the guardianship and guardianship authorities or the court must substantiate the reasons for which they consider it necessary to disagree with the opinion of the child. Taking into account the opinion of a child who has reached the age of 10 is mandatory. Exceptions are cases where it is contrary to the interests of the child. In addition, the law provides for a number of cases in which the guardianship and guardianship authorities or the court can make a decision only with the consent of a child who has reached the age of 10. Obtaining the consent of the child is necessary: 1) when changing his name or surname; 2) when deciding on the restoration of parental rights; 3) for the adoption of a child; 4) to change the name, surname and patronymic of an adopted child; 5) for the court to make a decision on the entry of the adoptive parents in the register of births as the parents of the child adopted by them; 6) to transfer the child to a foster family. If the child objects to the above actions, then the implementation of such actions is unacceptable. The opinion of a child on an issue affecting his interests must be heard regardless of whether he reaches the age of 10 years. Thus, the opinion of the child is a prerequisite for the performance of certain actions that affect his interests. 33. Rights and obligations of parents According to RF IC the basis for the emergence of parental rights and obligations is the origin of children, certified in the manner prescribed by law. Parents have equal rights and bear equal responsibilities towards their children. Parental rights provided for by the RF IC terminate when children reach 18 years of age as well as when minor children enter into marriage and in other cases established by law when children acquire full legal capacity before they reach the age of majority. In accordance with civil law, a person who has reached the age 16 years, may be declared fully capable if he works under an employment contract or engages in entrepreneurial activities with the consent of his parents. Face announcement fully capable is made by decision of the guardianship and guardianship body - with the consent of both parents, in the absence of such consent - by a court decision. According to the Constitution of the Russian Federation, the main right and duty of parents is the care of children and their upbringing. As a rule, parental rights are at the same time their duties towards their children. Parental rights and obligations are inalienable. Parents cannot renounce, for example, the right to raise a child. Parents have a priority right to raise their children over all other persons, taking into account the opinion of the children, they have the right to choose an educational institution and the form of education for children until they receive basic general education. Parents are obliged take care of the health, physical, mental, spiritual and moral development of their children, are obliged to ensure that children receive basic general education; protect the rights and legitimate interests of their children. They are legal representatives their children and act in defense of their rights and interests in relations with any individuals and legal entities, including in courts, without special powers. Parents do not have the right to represent the interests of their children if the guardianship and guardianship authority establishes that there are contradictions between the interests of parents and children. In case of disagreement between parents and children, the guardianship and guardianship body is obliged to appoint a representative to protect the rights and interests of the children. When exercising parental rights, parents have no right to harm the physical and mental health of children, their moral development. When exercising parental rights to the detriment of the rights and interests of children, parents are liable in the manner prescribed by law. Parents have the right to demand the return of the child from any person who unlawfully retains their child. A parent living separately from the child has the right to communicate with him, participate in his development, upbringing and education. 34. Rights of minor parents The current RF IC for the first time consolidated the provision on the rights of minor parents. Minor parents are recognized father and (or) mother under the age of 18 years. As a general rule, the fact of the birth of a child is the basis for the emergence of parental rights, regardless of the age of the parents. However, the RF IC contains a number of features relating to the rights and obligations of minor parents. So, according to the RF IC, minor parents have the right to cohabitate with the child and participate in his upbringing. Any parent, regardless of age, has the right to live with their child. The right to participate in upbringing is expressed in the fact that the upbringing of a child by minor parents must be carried out jointly with other persons who are called upon to assist in this. Underage parents can protect their parental rights in case of their violation by all means not prohibited by law. Minor parents may be deprived of parental rights, limited in parental rights in the manner prescribed by law. However, they are given the right to demand the restoration of parental rights. In accordance with the Civil Code of the Russian Federation, a person who has entered into a legal marriage is recognized as fully capable. Therefore, minor parents who are married to each other have the same rights as adult parents. Unmarried minor parents, if they give birth to a child and when their maternity and (or) paternity is established, have the right to independently exercise parental rights upon reaching the age of 16 years. Before reaching minor parents of 16 years of age the child may be appointed a guardian who will carry out his upbringing together with the minor parents of the child. Unmarried minor parents do not lose their legal connection with their parents and, after the birth of a child, have the right to count on their assistance in raising children. In the absence of a person who can be appointed as a guardian, assistance in raising a child of minor parents is assigned to the guardianship and guardianship authorities. Disagreements arising between the guardian of the child and minor parents are resolved by the body of guardianship and guardianship. When exercising this authority, the guardianship and guardianship authorities are guided primarily by the interests of the child. Minor parents have the right to recognize and challenge their paternity and maternity on a general basis. Reaching 14 years of age they have the right to seek the establishment of paternity of their children in court. 35. Rights and obligations of parents in the upbringing and education of children Parents have the right and duty educate your children. The right to raise children is an inalienable personal right of every parent. This right is also the responsibility of parents. They have the right to choose the ways and methods of education. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Parents have a preferential right to raise their children over all other persons. Parents have certain rights in order to exercise their responsibility for raising children. For example, the right of parents to personally raise their children. In turn, children are obliged to fulfill parental requirements of an educational nature. The right to personal education includes the following powers: the right to communicate with the child, the right to determine his place of residence, his occupation, etc. Parents have the right to demand in court the return of children from any person holding them illegally. However, if the court concludes that the cohabitation of children and parents is contrary to the interests of the child, then the parent's claim to transfer the child to him will be denied. Parents are obliged to ensure that their children receive a basic general education. Parents, taking into account the opinion of their children, have the right to choose an educational institution and the form of education for children until the children receive basic general education. This obligation also applies to persons replacing parents. Failure to fulfill the obligation to educate the child entails the deprivation of parental rights. When choosing an educational institution, parents should take into account not only the opinion of the child, but also the state of his health, level of development and a number of other factors. The right to raise a child refers to the personal and inalienable rights of each parent, which can be lost only in the event of the adoption of a child or deprivation of parental rights. Both parents are equally responsible for the upbringing and development of their children. Temporary transfer of children for upbringing to other persons (relatives, to a children's institution) does not release parents from responsibility for their upbringing and development. The responsibility of parents is both moral and legal. In the first case, parents are subjected to moral condemnation for the improper performance of their duties. In the second case, the parents are responsible according to the law. Such Responsibilities may include: removal of a child, restriction of parental rights, deprivation of parental rights, etc. 36. Protection of parental rights Parents have the right to protect their parental rights by all means not prohibited by law. The right of parents to education is expressed in the fact that each parent is given the opportunity by law to personally educate their child. Any restriction of this possibility is considered as a violation of parental rights. The Family Code of the Russian Federation provides that parents have the right to demand the return of a child from any person who keeps him or her not on a legal basis or on the basis of a court decision. In the event of a dispute, parents have the right to apply to the court for the protection of their rights and legitimate interests. Parents have to demand the return of the child right only through the courts. Thus, the use of extrajudicial measures is unacceptable. When considering claims for the return of a child, the court must take into account the views of the child. The court has the right to refuse to satisfy the claim of the parents if it comes to the conclusion that the transfer of the child to the parents is not in the interests of the child. If the court establishes that neither the parents nor the person who has the child are able to ensure its proper upbringing and development, then it transfers the child to the care of the guardianship and guardianship authorities. On the transfer of the child to the care of the guardianship and guardianship authorities, the court shall issue a reasoned ruling. In this ruling, the court instructs to take appropriate measures to protect the rights and interests of the child. In pursuance of the court ruling, the guardianship and guardianship authorities independently choose the most favorable method in the given situation for the placement of the child and the protection of his rights. No measures are taken directly by the court to protect the rights of the child. Guardians, trustees, adoptive parents have the right to object to the return of the child to the parents. When considering such disputes, the court is always guided by the requirement of the law on the pre-emptive right of parents to raise their children. However, the court has the right to refuse the parents' claim if it determines that this is necessary to satisfy the interests of the child. When considering the claims of parents for the transfer to them of children who, by decision of the court, are with guardians, trustees, foster parents, in institutions of social protection of the population, in medical institutions, it is necessary to clarify the following questions: 1) whether the circumstances that served as the basis for the transfer of the child to the indicated persons and institutions have changed by the time the dispute is considered; 2) whether the return of the child to the parents will be in his interests. The court may satisfy the parents' claim for the return of the child in the future if the conditions for raising the child are changed for the better. 37. Exercise of parental rights In accordance with Art. 65 RF IC parental rights cannot be carried out in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents. When exercising parental rights, parents have no 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. In case of violation of these rules, parents may be deprived of parental rights in court. For the exercise of their rights and obligations to the detriment of the rights and interests of children, i.e. for the abuse of parental rights, parents are responsible in the manner prescribed by law. under abuse refers to such actions (or inaction) of parents that can harm both the personal and property rights of the child. All issues related to the upbringing and education of children are decided by the parents by their mutual consent, taking into account the interests of the children and the opinions of the children. Disagreements that arise between parents in resolving issues relating to the upbringing and education of their children are resolved by the parents themselves through negotiations. If the parents could not reach a common opinion, then they have the right to apply for the resolution of these disagreements to the guardianship and guardianship authorities or to the court. Guardianship and guardianship authorities resolve the situation by issuing prescriptions of a recommendatory nature. Questions about the place of residence of the child, about the procedure for exercising parental rights by a parent living separately from the child, may be resolved by the court. The place of residence of children in the case of separation of parents is established by agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court in the interests of the children and taking into account the opinion of the children. At the same time, the court takes into account the child's attachment to each of the parents, brothers and sisters, the age of the child, the moral and other personal qualities of the parents, the relationship that exists between each of the parents and the child, the possibility of creating conditions for the child's upbringing and development (type of activity, mode of work of parents financial and marital status of parents, etc.). Based on the results of the consideration of the case, the court will determine with which of the parents the child will live, that is, who will carry out his direct upbringing. At the same time, no matter what decision the court makes, the other parent does not lose his rights and obligations to raise the child. Since the conditions for raising a child can change, it is possible to apply to the court with a statement of claim to determine the place of residence of the child more than once. 38. Restoration of parental rights Family law is aimed at preserving the family, at the upbringing of their children by parents. But in cases where parents evade parental responsibilities, abuse their rights, treat children cruelly, they may be deprived of parental rights. If parents who were previously deprived of parental rights have changed their behavior, lifestyle and attitude towards raising a child, then they can be restored in parental rights. Restoration of parental rights is carried out in court at the request of a parent deprived of parental rights. Cases on the restoration of parental rights are considered with the obligatory participation of the guardianship and guardianship authority, as well as the prosecutor. In court, parents must prove that there are all grounds for satisfying their request. Guardianship and guardianship authorities help parents collect the necessary certificates and documents. Simultaneously with the application of the parents for the restoration of parental rights, the request for the return of the child to the parents may be considered. An action for the restoration of parental rights is brought against the person or body that was previously sued for deprivation of parental rights. A claim for the restoration of parental rights may be brought against one of the parents, the guardian, as well as other persons replacing the parents. In cases where a child, after deprivation of parental rights, is transferred to full state support, a claim is brought against the children's institution in which the child is kept. When considering a case, the court in all cases finds out the opinion of the child and his desire to return to his parents. When ascertaining the opinion of the child, the court, as a rule, turns to the teacher for help. The court has the right, taking into account the opinion of the child, to refuse to satisfy the claim of the parents for the restoration of parental rights, if the restoration of parental rights is contrary to the interests of the child. If the claim is satisfied, the court issues a reasoned decision. The rights of parents are considered restored from the moment the court decision enters into force. From that time on, all rights and obligations lost by parents when their parental rights were terminated are restored. Restoration of parental rights in relation to a child who has reached the age of 10 is possible only with his consent. If the child is adopted and the adoption is not canceled, then the restoration of parental rights is not allowed. This is due to the fact that the restoration of parental rights is directly related to the upbringing of the child. If the child has reached the age of 18, then the restoration of parental rights is impossible. 39. Exercise of parental rights by a parent living separately from the child The Family Code of the Russian Federation provides that parents have the right and obligation to raise their children. In order to effectively fulfill the duty of parents to educate, the law grants parents the right to educate their children personally. Relationships between parents cannot affect the scope of rights and responsibilities for raising children. It is not uncommon for the parents of a child to live separately. In such a situation, both parents and the child have equal rights to communicate with each other. A parent who lives separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues related to the child's education. The parent with whom the child lives must not interfere with the communication of the child with the other parent, if such communication does not harm the physical and mental health of the child, his moral development. Parents have the right to conclude an agreement on the procedure for exercising parental rights by a parent living separately from the child. This agreement must be concluded in writing. If the parents cannot reach an agreement, the dispute is resolved by the court with the participation of the guardianship and guardianship authority at the request of the parents (one of them). The guardianship and guardianship authorities give an opinion on the results of the material and living conditions of the parents. When considering a dispute about children, the court must take into account the attachment of the child to the parent, the nature of the relationship between the parent and the child, the ability of the parent to ensure the proper upbringing of the child and other circumstances. In case of failure to comply with the court decision, the measures provided for by civil procedural legislation are applied to the guilty parent. In case of gross failure decision of the court, the latter, at the request of a parent living separately from the child, may decide to transfer the child to him, based on the interests of the child and taking into account the opinion of the child. The transfer of children to one parent does not prevent the other, who considers that the circumstances under which the court made the decision, have changed, to apply to the court for the transfer of children to him. The court, having considered the statement of claim, has the right to make a different decision. A parent living separately from the child has the right to receive information about their child from educational institutions, medical institutions, institutions of social protection of the population and other similar institutions. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court. 40. Conditions for termination of parental rights Deprivation of parental rights is intended protecting the interests of children and re-educating parents. The norm of the law on the deprivation of parental rights acts as a kind of sanction for the inappropriate behavior of parents in relation to children. In Art. 69 RF IC contains an exhaustive list grounds for termination of parental rights. Under the shirking of parental duties is understood as: lack of care for children by parents, lack of participation of parents in moral education, physical development, and education of children. Under the malicious evasion of alimony means intentional failure to fulfill the obligation to pay alimony for a long time without good reason. Abuse of parental rights is such use of parental rights that is detrimental to the interests of the child (for example, inducing alcohol, stealing, begging, obstructing learning). Child abuse is expressed in the use of unacceptable methods of education, the implementation of physical or mental violence against them, in an attempt on their sexual integrity. Physical violence can be carried out both through action (causing physical suffering, beating) and inaction (leaving a child outside in cold weather, leaving without food, not providing medical care). mental abuse It is expressed in a direct impact on the child's psyche to achieve a specific goal, as well as in exerting a harmful influence on children by their immoral behavior. Parents may also be deprived of parental rights if they refuse, without good reason, to take their child from a maternity hospital (department) or from another medical institution, educational institution, institution of social protection of the population or other similar institutions. If parents are chronically alcoholic or drug addicted, they may also be deprived of parental rights. These diseases must be confirmed by a medical report. Those parents who have committed an intentional criminal act against the life or health of their children or against the life or health of their spouse are also deprived of parental rights. For deprivation of parental rights on this basis, it is necessary to have a guilty verdict that has entered into force. Deprivation of parental rights is possible only by a court decision. To make such a decision, one of the grounds listed in the law is sufficient. Parents deprived of parental rights lose all rights based on the fact of kinship with the child in respect of which they were deprived of parental rights. 41. Procedure for deprivation of parental rights Parental rights may be terminated by both parents and one parent. Family Code of the Russian Federation in Art. 69 provides grounds for deprivation of parental rights. There may be cases when one parent is sued for deprivation of parental rights, and the other is sued for restriction. Deprivation of parental rights is carried out only in court An action for deprivation of parental rights can only be brought against parents. It is impossible to deprive the parental rights of persons who actually raise a child. According to paragraph 1 of Art. 7 ° CC RF cases on deprivation of parental rights are considered at the request of one of the parents (persons replacing them), the prosecutor, as well as on the applications of bodies or institutions that are responsible for protecting the rights of minor children (guardianship and guardianship authorities, commissions for minors, institutions for orphans and children left without parental care, etc.). An action for deprivation of parental rights is brought at the place of residence of the defendant, and if the place of residence of the defendant is not known, then at the last known place of residence or at the location of his property. Cases on deprivation of parental rights are considered with the obligatory participation of the prosecutor and the guardianship and guardianship authority. When considering a case on deprivation of parental rights, the court finds out the whereabouts of the other parent, attracts him to participate in the case. This is necessary to discuss the possibility of transferring the child to him. When considering a case on deprivation of parental rights, the court decides on the recovery of alimony for the child from the parents (one of them) deprived of parental rights. In cases where only one parent is deprived of parental rights, alimony is paid to the other parent or the person replacing him. If the court, when considering a case on deprivation of parental rights, finds signs of a criminally punishable act in the actions of the parents (one of them), it is obliged to notify the prosecutor about this. If the claim for deprivation of parental rights is satisfied, the court in its decision must indicate to whom the child is transferred for upbringing: to another parent, guardian or custodian. In cases where both parents are deprived of parental rights, the child is transferred to the care of guardianship and guardianship authorities. A child may be placed in the care of relatives or other persons only if they have been appointed guardians or custodians. The court must, within three days from the date of entry into force of the decision on deprivation of parental rights, send an extract from it to the civil registry office at the place of state registration of the birth of the child. 42. Consequences of deprivation of parental rights Deprivation of parental rights is the basis for terminating the parental relationship. Thus, parents in respect of whom there is a court decision that has entered into legal force to deprive them of their 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, as well as the right to benefits and state benefits established for citizens with children. Parents deprived of parental rights lose the right to communication with a child, for the personal upbringing of children, for the protection of the rights and interests of children, cannot legally inherit property belonging to children in the event of their death. Inheritance is possible only if children leave a will in favor of their parents. However, the parental legal relationship is terminated only in part of parental rights, since the parent deprived of parental rights retains the obligation to support his child. A parent who has not been deprived of parental rights, a guardian, trustee, administration of the institution where the child is permanently located, has the right to file a claim for the recovery of alimony for the maintenance of the child against the parent deprived of parental rights. Contacts of a child with a parent deprived of parental rights are possible only with the consent of the child. The issue of further cohabitation of the child and parents (one of them), deprived of parental rights, is decided by the court in the manner prescribed by housing legislation. A child in respect of whom the parents (one of them) are deprived of parental rights retains the right of ownership of the residential premises or the right to use the residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receive an inheritance . If the parents and the child live in a dwelling of a state or municipal fund or in a dwelling owned by the child, and the court comes to the conclusion that it is impossible for the parents and the child to live together, the parents may be evicted from the occupied dwelling without providing other housing. If it is impossible to transfer the child to another parent or in case of deprivation of parental rights of both parents, the child is transferred to the custody of the guardianship and guardianship authorities. Adoption of a child in case of deprivation of parents (one of them) parental rights are allowed not earlier than six months from the date of the court decision on the deprivation of parents (one of them) of parental rights. Persons deprived of parental rights cannot be adoptive parents, adoptive parents, trustees and guardians. Establishment of paternity at the request of the actual father of the child is carried out without the consent of the mother of the child, deprived of parental rights. 43. Restriction of parental rights In cases where there are not enough grounds for depriving parents of parental rights, parental rights may be limited in the interests of the child. Restriction of parental rights can be viewed as a warning to parents about the need to change their behavior towards the child, or as a sanction, usually preceding the deprivation of parental rights. According to paragraph 1 of Art. 73 of the RF IC, the court, taking into account the interests of the child, may take decision to take the child away from the parents (one of them) without depriving them of their parental rights. Restriction of parental rights is allowed if leaving a child with parents (one of them) is dangerous for him due to circumstances beyond the control of the parents (one of them). Such circumstances can be: a mental disorder or other chronic illness, a combination of difficult circumstances, etc. Restriction of parental rights is also allowed in cases where leaving a child with parents due to their behavior is dangerous for the child, but sufficient grounds for depriving parents of parental rights have not been established. If the parents do not change their behavior, the guardianship and guardianship authority, six months after the court has issued a decision to restrict parental rights, is obliged to file a claim for deprivation of parental rights. In the interests of the child, the guardianship and guardianship body has the right to file a claim for deprivation of parental rights before the expiration of this period. Cases on restriction of parental rights are considered with the obligatory participation of the prosecutor and the body of guardianship and guardianship. When considering a case on restriction of parental rights, the court decides on the recovery of alimony for the child from the parents. Paragraph 3 of Art. 73 of the RF IC provides that a claim for restriction of parental rights may be brought by close relatives of the child, bodies and institutions that are legally entrusted with the duty to protect the rights of minor children, preschool educational institutions, educational institutions and other institutions, as well as the prosecutor. The court is obliged within three days from the date of entry into force of the court decision on the restriction of parental rights send an extract from such a decision to the registry office at the place of state registration of the child's birth in accordance with paragraph 6 of Art. 73 RF IC. Adoption of children whose parents have limited parental rights is allowed only with the consent of the parents. Restriction of parental rights is a temporary measure. Parents who believe that the grounds on which they were limited in their rights have disappeared can apply to the court with a claim to cancel the restriction of parental rights. 44. Consequences of restriction of parental rights, cancellation of restriction of parental rights According to Art. 74 of the Family Code of the Russian Federation, 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. Parents limited in parental rights cannot represent the interests of their children if the guardianship and guardianship authority establishes that there are contradictions between the interests of parents and the interests of children, they cannot protect their personal rights and interests, they are not entitled to choose an educational institution and the form of education for their children . A child, in respect of which parents (one of them) have limited parental rights, retains the right of ownership of the residential premises or the right to use the residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receive inheritance. In case of restriction of the parental rights of both parents, the child is transferred to the care of the guardianship and guardianship authority. Restriction of parental rights does not release parents from the obligation to support the child in accordance with paragraph 2 of Art. 74 RF IC. Parents whose parental rights are restricted by the court may be allowed to have contact with the child, as long as it does not harm the child. Contacts of parents with a child are allowed with the consent of the guardianship and guardianship authority or with the consent of the guardian, trustee, foster parents of the child or the administration of the institution in which the child is located. If the grounds by virtue of which the parents were limited in parental rights have disappeared, the court, at the request of the parents, may decide to return the child to the parents and to cancel the restrictions. Claims for the abolition of restrictions on parental rights are considered with the obligatory participation of the guardianship and guardianship authority and the prosecutor Only the person whose rights are restricted can be a plaintiff in a case to cancel the restriction of parental rights. The plaintiff must prove the expediency of returning the child. The defendant in this case is the person who filed a claim for restriction of parental rights. The court finds out whether the child has a desire to return to his parents. The court, taking into account the opinion of the child, has the right to refuse to satisfy the claim if the return of the child to the parents is contrary to his interests. Restoration of parental rights in relation to a child who has reached the age of 10 years is possible only with his consent. Paragraph 4 of Art. 74 of the Family Code of the Russian Federation provides that in the event of restriction of the parental rights of both parents, the child is transferred to the custody of the guardianship and guardianship authority. The removal of a child in case of a direct threat to the life of the child or his health should be distinguished from the restriction of parental rights. 45. Maintenance obligations of spouses and former spouses Spouses are obliged to financially support each other. This obligation applies only to persons whose marriage was concluded in accordance with the procedure established by law. Alimony obligations for the mutual support of each other do not apply to persons who are actually in marital relations. If such support is refused and there is no agreement between the spouses on the payment of alimony the right to demand the provision of alimony in court from the other spouse, possessing the necessary means for this, have: 1) disabled needy spouse; 2) a wife during pregnancy and within three years from the date of birth of a common child; 3) a needy spouse caring for a common disabled child until the child reaches the age of 18 or for a common disabled child from childhood of group I. The court may release a spouse from the obligation to support another disabled spouse in need of assistance or to limit this obligation to a certain period both during the period of marriage and after its dissolution: 1) in the event that the incapacity for work of the spouse in need of assistance has occurred as a result of the abuse of alcohol, drugs or as a result of the commission of an intentional crime by him; 2) in case of short stay of spouses in marriage; 3) in case of misbehavior in the family of the spouse who requires the payment of alimony. In accordance with paragraph 1 of Art. 9 ° CC of the Russian Federation, the right to demand the provision of alimony in court from a former spouse who has the necessary funds for this has: 1) ex-wife during pregnancy and within three years from the date of birth of a common child; 2) a needy ex-spouse caring for a common disabled child until the child reaches the age of 18 or for a common disabled child of group I since childhood; 3) a disabled needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of the dissolution of the marriage; 4) a needy spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time. Alimony amount and the procedure for their provision to the former spouse after the dissolution of the marriage may be determined by agreement between the former spouses. In the absence of an agreement between the spouses on the payment of alimony, the amount of alimony levied on the spouse (former spouse) in court is determined by the court, based on the financial and marital status of the spouses (former spouses) and other noteworthy interests of the parties in a fixed amount of money payable monthly . 46. Protection of the rights and interests of children left without parental care In the event of the death of parents, deprivation of their parental rights, restriction of parental rights, recognition of parents as incapacitated, illness of parents, prolonged absence of parents, parents evading from raising children or from protecting their rights and interests, including when parents refuse to take their children from educational institutions, medical institutions, institutions of social protection of the population and other similar institutions, as well as in other cases of lack of parental care, the protection of the rights and interests of children is entrusted to the guardianship and guardianship authorities in accordance with paragraph 1 of Art. 121 RF IC. Paragraph 2 of Art. 121 of the RF IC provides that guardianship and guardianship authorities identify children left without parental care, keep records of such children and, based on the specific circumstances of the loss of parental care, select forms of placement for children left without parental care, and also exercise subsequent control over the conditions of their content, upbringing and education. The reasons for leaving children without parental care can be divided into two groups: objective and subjective. For objective reasons include: the death of parents, a serious illness, as a result of which parents cannot take care of the child and protect his rights, recognition of parents as incompetent, deprivation or restriction of parental rights. For subjective reasons include: unwillingness of parents to fulfill their parental responsibilities, refusal to take the child from the institution where he is. The fact of the death of the parents is certified by a death certificate. The fact of deprivation of parental rights, restriction of parental rights, recognition of parents as incapacitated is certified by a court decision that has entered into force. If parents suffer from chronic alcoholism or drug addiction, or are placed in a medical institution for a long time due to another serious illness, the day when they were placed in such an institution is considered the moment of loss of parental care. According to paragraph 3 of Art. 121 of the RF IC, the activities of legal entities and individuals other than guardianship and guardianship authorities in identifying and placing children left without parental care are not allowed, since this activity falls within the exclusive competence of guardianship and guardianship authorities. The bodies of guardianship and guardianship are the bodies of local self-government. The issues of organization and activities of local governments in the implementation of guardianship and guardianship of children left without parental care are determined by these bodies on the basis of the charters of municipalities in accordance with the laws of the constituent entities of the Russian Federation, the RF IC, the RF Civil Code. 47. Identification and registration of children left without parental care Citizens, officials of preschool educational institutions, general educational institutions, medical and other institutions who have information about children left without parental care, are obliged to inform about this to the guardianship and guardianship authorities at the actual location of the children. After receiving such information, the guardianship and guardianship authorities within three days are obliged to conduct an examination of the living conditions of the child and, if it is established that there is no care of his parents or his relatives, to ensure the protection of the rights and interests of the child until the issue of his placement is resolved. The heads of educational institutions, medical institutions, institutions of social protection of the population and other similar institutions in which there are children left without parental care are obliged, within seven days from the day they became aware that the child can be transferred to the upbringing of the family, to inform about this to the body of guardianship and guardianship at the location of this institution. Guardianship authorities within a month from the date of receipt of information about children left without parental care, ensure the placement of the child and, if it is impossible to transfer the child to be raised in a family, send information about such a child after the expiration of the specified period to the appropriate executive authority of the constituent entity of the Russian Federation for registration in the regional data bank on children left without parental care. According to paragraph 3 of Art. 122 RF IC executive authority of the constituent entity of the Russian Federation within a month from the date of receipt of information about the child, organizes his placement in the family of citizens living in the territory of this subject of the Russian Federation, and in the absence of such an opportunity sends the specified information to the federal executive body determined by the Government of the Russian Federation for registration in the federal data bank on children, left without parental care, and assisting in the subsequent placement of the child for education in a family of citizens of the Russian Federation permanently residing in the territory of the Russian Federation. The Regional Children Without Parental Care Data Bank and the Federal Children Without Parental Care Data Bank make up the State Children Without Parental Care Data Bank. The procedure for the formation and use of the state data bank on children left without parental care is determined by federal law. For failure to fulfill the above obligations, for providing knowingly false information, as well as for other actions aimed at hiding a child from being transferred to a family, heads of institutions and officials of guardianship and guardianship authorities held accountable in the manner prescribed by law. 48. Children for whom adoption (adoption) is allowed According to paragraph 1 of Art. 124 RF IC priority device shape children left without parental care is adoption or adoption. Observance of the rights and interests of the child is a prerequisite for adoption. The possibilities of providing children with full-fledged physical, mental, spiritual and moral development are also taken into account. Adoption allowed only minor children and only in their interests. Adoption of children, although under the age of 18, but recognized as fully capable (emancipation) in compliance with the requirements of civil law, is not allowed. When adopting, the following should be taken into account: the ethnic origin of the child, his belonging to a certain religion and culture, his native language, the possibility of ensuring continuity in upbringing and education. According to paragraph 3 of Art. 124 RF IC adoption of brothers and sisters by different persons is not allowed. The only exceptions are cases in which the adoption of such children by different persons is in their interests. Adoption of children by foreign citizens or stateless persons is allowed only in cases where it is not possible to transfer these children for upbringing in the families of citizens of the Russian Federation permanently residing in the territory of the Russian Federation, or for adoption by relatives of children, regardless of the citizenship and place of residence of these relatives in accordance with paragraph 4 of Art. 124 tbsp. XNUMX RF IC. Children can be placed for adoption by citizens of the Russian Federation permanently residing outside the territory of the Russian Federation, foreign citizens or stateless persons who are not relatives of the children after six months from the date of receipt of information about such children in the federal data bank on children left without parental care . Age difference between adopter, unmarried and adoptable child must be at least 16 years old. For reasons recognized by the court as valid, the age difference may be reduced. When a child is adopted by a stepfather (stepmother), the age difference established by law is not required. The consent of the child's parents is a prerequisite for adoption. However, if the parents of the child are unknown or recognized by the court as missing, incompetent, deprived of parental rights for reasons recognized by the court as disrespectful, do not live with the child for more than six months and evade his upbringing and maintenance, then consent to adoption is not required. For the adoption of a child who has reached the age of 10, his consent is required. 49. Procedure for adoption According to the RF IC, adoption is carried out in court at the request of interested parties. Interested parties are understood as adults, able-bodied citizens of the Russian Federation and foreign citizens who meet the requirements established by the legislation of the Russian Federation. To file an application with the court, citizens must be registered with the guardianship and guardianship authorities for one year. After a year, the interested person may apply for adoption to the district court at the place of residence or at the location of the minor. Cases on adoption by foreign citizens and stateless persons are considered by regional courts. Before accepting an application, the court must check following: 1) the fact that the person is on pre-trial registration; 2) a copy of the birth certificate of the adopter; 3) a copy of the marriage certificate of the adoptive parents, if the adoptive parents are married. The Family Code of the Russian Federation allows the adoption of a child by one of the spouses, and the other spouse may refuse to adopt. In this case, a notarized document is required, confirming that the second spouse does not object to the adoption; 4) a medical report on the compliance of the adopter with the medical requirements; 5) a certificate from the place of work on the position held and salary; 6) documents confirming that the person has the right to use or owns the residential premises. In preparing a case for trial, the court calls representatives of guardianship and guardianship authorities. Guardianship authorities submit to court conclusion on adoption, to which the following documents are attached: an act of examining the living conditions of the adopter, the birth certificate of the adoptee, a medical report on the state of health of the child, the consent of the adoptee (who has reached the age of 10 years), the consent of the child's parents to adoption and other documents provided by law. When considering the case on the merits, the court must summon the adoptive parents, representatives of the guardianship and guardianship authorities and the prosecutor to the court session. The court may also invite blood parents, the minor himself, as well as other interested persons. The case is considered in a closed court session. For disclosure of information relating to the adoption of a particular person, responsibility. Based on the results of the consideration of the case, the court makes a decision. After the court decision enters into legal force, it is sent to the registry office at the place where the court decision was made, on the basis of which the registry office makes a change to the civil status record. 50. Custody and guardianship Guardianship and trusteeship are established over children left without parental care. Guardianship established over young children - under the age of 14, and guardianship - over minors aged 14 to 18 years. The establishment or termination of custody of children is determined by the Civil Code of the Russian Federation. Purposes of guardianship or guardianship are maintenance, upbringing and education, protection of the rights and interests of children under guardianship. Guardians (custodians) can be only persons of full legal capacity are appointed. Cannot be assigned guardians (custodians) of persons deprived of parental rights, as well as patients with chronic alcoholism or drug addiction, persons suspended from the duties of guardians, limited in parental rights, former adoptive parents, if the adoption is canceled through their fault, as well as persons who, for health reasons, do not may be responsible for the upbringing of the child. Guardian (curator) of the child has the right and duty educate a child under guardianship (guardianship), take care of his health, physical, spiritual and moral development. The guardian (custodian) has the right to independently determine the methods of raising a child under guardianship (guardianship), taking into account the opinion of the child and the recommendations of the guardianship and guardianship authority, as well as subject to the requirements of the RF IC. The guardian (custodian), taking into account the opinion of the child, has the right to choose an educational institution and the form of education of the child until he receives basic general education and is obliged to ensure that the child receives basic general education. He also has the right to demand in court the return of a child under guardianship from any persons holding him without legal grounds, including from close relatives of the child. The guardian has no right to prevent the child from communicating with his parents and other close relatives, except in cases where such communication is not in the interests of the child. Obligations of guardianship and guardianship in relation to a child under guardianship (trusteeship) are performed by the guardian (trustee) free of charge. Children in care have the right to: upbringing in the family of a guardian, care by the guardian, living together with him, providing them with conditions for maintenance, upbringing, education, comprehensive development and respect for their human dignity, alimony, pensions, allowances and other social payments due to them, maintaining the right to own housing premises or rights to use residential premises, protection against abuse by the guardian. Children who are in full state care in educational institutions, medical institutions, institutions of social protection of the population and other similar institutions, guardians (custodians) are not appointed. The performance of their duties is entrusted to the administration of these institutions. 51. Material payments for the maintenance of ward children Material support for children deprived of parental care is provided in order to increase the possibility of raising such children in the family and provide guardians with the means necessary for the maintenance of the wards. Purpose of payment of funds for ward children is made in the following cases: 1) if they are orphans, that is, they do not have parents; 2) if their parents cannot personally raise children for certain reasons. These include: the deprivation of parental rights or the removal of children without deprivation of parental rights, the recognition of parents in the prescribed manner as incapacitated, with limited capacity or missing; declaring them dead; prolonged illness that interferes with parental responsibilities; serving a sentence in places of detention; being in custody during the investigation; search for parents by internal affairs bodies as evaders from paying alimony or failure to establish information about their whereabouts. Funds are not assigned or paid forthose wards whose parents have the opportunity to raise and support their children, but have transferred them under guardianship (guardianship) to other persons on a voluntary basis; stay on long business trips or for other reasons live separately from children, while having conditions for their maintenance and upbringing. Accordingly, in the listed cases, the parents provide the guardians (custodians) with the means necessary to meet the needs of the children. No funds are assigned or paid for those wards who are in educational institutions on full state support or are kept in special educational institutions for adolescents who need special conditions for education and training. The decision on the appointment of funds is carried out simultaneously with the establishment of guardianship or guardianship. If the right to receive these funds arises after the establishment of guardianship, then the guardian submits an application for their appointment to the education management body, which the ward is registered with. The application must contain attachments of the required documents. The local administration issues a resolution or order on the appointment of monetary payments. Their size is determined based on the actual prices in the region for food, clothing, footwear, soft equipment, which are necessary for the ward according to natural standards. Funds are assigned and paid until the ward reaches the age of 16 (students - 18 years). However, early termination of payments is also possible, for example, when the guardian (custodian) is released from his duties or when the ward is placed in a children's home. 52. Foster family A child who has been left without parental care, including one who is in an educational institution, a medical institution, an institution of social protection of the population or another similar institution, is transferred to a foster family for upbringing. Preliminary selection of a child for transfer to a foster family is carried out by persons wishing to accept a child into a family. Moreover, such actions must be coordinated with the guardianship and guardianship authority. Separation of brothers and sisters is not allowed, unless it is in their interests. The transfer of a child to a foster family is carried out taking into account his opinion. If the child has reached 10 years of age then his transfer to a foster family is made only with his consent. A child placed in a foster family retains the right to the alimony, pension, allowances and other social payments due to him, as well as the right to own a dwelling or the right to use a dwelling. Adoptive parents may be adults of both sexes, with the exception of: 1) persons who have been recognized by the court as incapable or limited in capacity; 2) persons who have been deprived of parental rights by court or have their parental rights restricted; 3) persons suspended from the duties of a guardian (custodian) for improper performance of the duties assigned to him by law; 4) former adoptive parents, if the adoption is canceled due to their fault; 5) persons who, due to health reasons, cannot perform the duties of raising a child. Child Transfer Agreement for upbringing in a family is the basis for the formation of a foster family. An agreement on the transfer of a child is concluded between the guardianship and guardianship authority and the adoptive parents. A child who has not reached the age of majority is transferred to a foster family for the period stipulated by the specified agreement. The agreement on the transfer of a child to be raised in a family must provide for the following: 1) conditions of maintenance, upbringing and education of the child; 2) rights and obligations of adoptive parents; 3) obligations in relation to the foster family of the body of guardianship and guardianship; 4) the grounds and consequences of termination of such an agreement. Monthly payments are made to the foster family for the maintenance of each child in the manner and amount established by the Government of the Russian Federation. The duties of guardianship and guardianship authorities are: 1) providing the necessary assistance to the foster family; 2) contributing to the creation of normal conditions for the life and upbringing of the child. The guardianship and guardianship authorities have the right to exercise control over the fulfillment of the obligations for the maintenance, upbringing and education of the child, which are assigned to the parents. 53. Formation of a foster family Foster family - this is one of the forms of arrangement for the upbringing of children left without parental care. Foster parents are citizens who wish to raise a child left without parental care. Foster child - a child who is transferred to be raised in a foster family. Foster parents in relation to the adopted child have the rights and duties of a guardian (custodian). The total number of children in the foster family, including relatives and adopted children, should not exceed eight people. The foster family is formed on the basis of agreements on the transfer of a child to be raised in a family. The parties to the agreement on the transfer of the child are guardianship authorities and foster parents. Foster parents are issued a certificate of the established form. Functions of the body of guardianship and guardianship: 1) assistance in the creation of foster families; 2) providing foster parents with the necessary assistance; 3) monitoring the living conditions and upbringing of the child. The placement of children in a foster family does not entail the emergence between foster parents and foster children of alimony and inheritance legal relations arising from the legislation of the Russian Federation. Adoptive parents may be adults of both sexes. Exceptions are the following cases: 1) persons recognized by the court as incapable or partially capable; 2) persons deprived by court of parental rights or limited by court in parental rights; 3) removed from the duties of a guardian (custodian) for improper performance of the duties assigned to them by law; 4) former adoptive parents, if the adoption is canceled by the court due to their fault; 5) persons with diseases, in the presence of which it is impossible to take the child to be raised in a foster family. Persons wishing to adopt a child to a foster family, submit an application to the guardianship and guardianship authority at their place of residence with a request to give an opinion on the possibility of being foster parents. The attachments to the application are: 1) a certificate from the place of work indicating the position and amount of wages or a copy of the declaration of income, certified in the prescribed manner; 2) a document confirming the availability of housing for a person who wants to take a child to be raised in a foster family (a copy of the financial personal account from the place of residence and an extract from the house book for tenants of residential premises in the state and municipal housing stock or a document confirming the ownership of residential premises) ; 3) a copy of the marriage certificate; 4) a medical certificate from a medical institution on the state of health of a person wishing to take a child to be raised in a foster family. 54. The right of a child to a given name, patronymic and surname The child has the right to a name from the moment of birth. This is enshrined in the Convention on the Rights of the Child. It includes: 1) the name given to the child at birth (proper name); 2) patronymic (family name); 3) a surname passing to descendants. The right to a name is exercised by parents during the registration of the birth of a child in accordance with the procedure established by law. In the absence of parents, this right is exercised by persons replacing them. The name, patronymic, surname of the child individualize the personality. Under his own name, the child acts as a pupil of an educational institution, as a patient of a medical institution, in all other cases. On behalf of the child, the parents (persons replacing them) act in defense of the rights and legitimate interests of the minor. Children aged 14 to 18 enter into civil law transactions on their own behalf in accordance with the requirements of Art. 26 of the Civil Code of the Russian Federation. The child has the right to a name and as the author of a creative work. In accordance with the Constitution of the Russian Federation, every citizen has the right to a good name. Thus, the owner of this right is the child. He has the right to defend his honor and dignity. The protection of the right under consideration in relation to minors is carried out by their parents (persons replacing them), and for adolescents aged 14 to 18 years, parents only help to exercise these rights. With state registration of birth the surname of the child is recorded according to the surname of his parents. If the parents have different surnames, then the child is recorded by the surname of the father or by the surname of the mother by agreement of the parents, unless otherwise provided by the legislation of the constituent entities of the Russian Federation. In this case, the subjects of the Russian Federation have the right to establish other rules for choosing a surname for a child, taking into account their national traditions. However, the norms adopted by them should not violate the principle of equality of spouses in marriage. Such a violation is the rule that establishes that the surname of the child is always determined only by the surname of the father. The child's name is written parental agreement. In the absence of an agreement between the parents, the name of the child and (or) his surname (if the surnames of the parents are different) are recorded in the record of the child's birth certificate at the direction of the guardianship and guardianship authority. The child's patronymic is recorded according to father's name, unless otherwise based on national custom. If the mother is not married to the father of the child and paternity of the child has not been established, the name of the child is recorded at the request of the mother, the patronymic - by the name of the person indicated in the birth certificate as the father of the child, the surname of the child - by the surname of the mother. If, at the request of the mother who is not married to the father of the child, information about the father of the child is not entered in the record of the birth certificate, the patronymic of the child is recorded at the direction of the mother. 55. Change of surname and name of the child From birth the child has the right to a given name, patronymic and surname. During the state registration of the fact of birth in the registry office, the child's surname, name and patronymic are recorded in the birth registration book. The name is assigned to the child by agreement of the parents, the patronymic is assigned by the name of the father, unless otherwise provided by the laws of the constituent entities of the Russian Federation or is not based on national custom. The surname of the child is determined by the surname of the parents. If the parents have different surnames, then the child is assigned either the surname of the mother or the surname of the father by agreement of the parents. In cases where paternity has not been established, the child's first name is given at the direction of the mother, the patronymic is assigned by the name of the person registered as the father of the child, and the surname is given by the mother's surname. The Family Code of the Russian Federation provides an opportunity in the interests of the child to change his surname and name. At the joint request of the parents until the child reaches the age 14 years the body of guardianship and guardianship, based on the interests of the child, has the right to allow the child to change the name, change the surname assigned to him to the surname of the other parent. If the parents live separately, and the parent with whom the child lives wishes to give him his last name, the guardianship and guardianship authority resolves this issue, taking into account the interests of the child and taking into account the opinion of the other parent. Consideration of the opinion of the parent is not required in the following cases: 1) the impossibility of establishing its location; 2) deprivation of his parental rights; 3) recognition as incapacitated; 4) in cases where the parent avoids the upbringing and maintenance of the child without valid reasons. If a child is born from persons who are not married to each other, and paternity has not been legally established, the guardianship and guardianship authority, based on the interests of the child, has the right to allow changing his surname to the surname of the mother, which she bears at the time of making such a request. Name change in a child who has reached 14 years of age produced in a general manner. In this case, the permission of the guardianship and guardianship authorities is not required. A child who has reached the age of 14 has the right to independently apply to the registry office with a request to change the name. Change of name and (or) surname child who has reached 10 years of age can only be done with his consent. Transfer of a child to guardianship (guardianship) or to a foster family is not a basis for changing his name, (or) surname. A change of surname, name and patronymic is possible only in case of adoption of a child. The name, patronymic and surname of the child cannot be changed due to the deprivation (or restriction) of his parents of parental rights. 56. Citizenship of children The documents certifying the citizenship of the Russian Federation are passport of a citizen of the Russian Federation or other main document containing an indication of the person's citizenship. Citizenship of the Russian Federation is acquired: 1) by birth; 2) as a result of admission to the citizenship of the Russian Federation; 3) as a result of restoration of citizenship of the Russian Federation; A child acquires citizenship of the Russian Federation by birth if on the child's birthday: 1) both of his parents or his only parent have the citizenship of the Russian Federation; 2) one of his parents has the citizenship of the Russian Federation, and the other parent is a stateless person or declared missing, or his whereabouts are unknown; 3) one of his parents has the citizenship of the Russian Federation, and the other parent is a foreign citizen (provided that the child was born on the territory of the Russian Federation or if otherwise he becomes a stateless person); Divorce does not entail change of citizenship of children born in this marriage or adopted by spouses. For the acquisition or termination of citizenship of the Russian Federation by a child aged 14 to 18 years, his consent is necessary. The citizenship of the Russian Federation of a child cannot be terminated if due to the termination of citizenship of the Russian Federation, he will be a stateless person. If the citizenship of the parents deprived of parental rights changes, then this is the basis for change of citizenship of the child. In the event of a change in the citizenship of a child, the consent of his parents deprived of parental rights is not required. If one of the parents, who have citizenship of another country, acquires the citizenship of the Russian Federation, their child, who lives in the territory of the Russian Federation, may acquire the citizenship of the Russian Federation at the request of his parent, who acquires the citizenship of the Russian Federation. If one of the parents with other citizenship acquires the citizenship of the Russian Federation, their child, who lives outside the Russian Federation, may acquire the citizenship of the Russian Federation at the request of both of his parents. If one of the parents, who has a different citizenship, acquires the citizenship of the Russian Federation, and the other parent is a stateless person, their child may acquire the citizenship of the Russian Federation at the request of his parent acquiring the citizenship of the Russian Federation. If one of the parents acquiring the citizenship of the Russian Federation is a stateless person, and the other parent has another citizenship, their child may acquire the citizenship of the Russian Federation at the request of both of his parents. If the citizenship of the Russian Federation of one of the parents is terminated, and the other parent remains a citizen of the Russian Federation, their child retains the citizenship of the Russian Federation. The citizenship of the Russian Federation of a child may be terminated simultaneously with the termination of the citizenship of the Russian Federation of one of the parents, if there is a written consent of the other parent who is a citizen of the Russian Federation, and provided that the child does not become stateless. Author: Karpunina E.V.
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