Quite often, in different branches of the law the concept of "close relatives”. But in the law there is no unified concept and the list of this category of persons. In one NPA contains his concept and exhaustive list, others directly send to the norms of the RF IC. Therefore, it would be fair to consider the question as to who are close relatives via the "Family Code".
In the context of family law relatives of the first line are considered to have direct ties to several generations of the same family. The law also contains a list of these entities.
To close relatives in "the Family Code" are:
Russian law works in such a way that in particular branches of the law the concept of kinship has its own value.
However, a closer examination of the norms of family law are the following:
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The Concept of the close relationship in family law was chosen not by accident.
Any communication between people, whether because of kinship or by law, entail the emergence of certain rights and responsibilities.
The duties of the relatives first-degree relatives with the following:
In case of evasion of duties, the law provides for sanctions on negligent relatives, such as:
As protection measures and ensure the future of the children left for any reason without parental care, includes the following steps:
Statutory close family ties provide the opportunity to obtain certain rights.
Close relatives via the "Family Code" are almost indisputable right to inherit from deceased blood relatives.
In the case of inheritance the concept of these individuals is decorated a little differently.
Relatives of the first stage are: spouse, children, including adopted children, and parents of the deceased. This is an exhaustive list by law. Grandparents, brothers and sisters that "Family code of the Russian Federation" related to the next of kin, inheritance are encouraged in the second stage of the heirs at law.
The Concept of relatives is found in other branches of law.
In contrast to the "Family code of the Russian Federation", the criminal law with their individual norms classifies to the category of close relatives, husband and wife,as well as their blood relatives.
The Position of the industry of administrative law does not define the exact concept of such relationship, but rather involves some intermediate version close to the concept of close relatives via the "Family code". The tax codified act fully agree with this PPA and it is often the norm and referring to it.
Close family ties in transactions are often fictitious.
It is Unlikely that the mother would sell him (or Vice versa) the apartment for its full market value. Because the fact of the transfer of funds cannot be established, then the contract of sale can be provided a lower value of the acquired property.
This trick is usually used when you want to reduce property tax from property sales.
If the property is sold from one relative to another, was owned by five or more years prior to the date of sale (for property sold after 2016), the seller is exempt from paying trinadcatiletnie tax on earned income.
However, there is one significant caveat. The sales value of real estate should not be lower than the cadastral value of the object.
Zamyslova dishonest transaction, it should be understood that in case of their identification, the state will punish you.
Not only Have to pay the tax from the real value of the property, but also interest.
In some cases, the transaction may be declared invalid and cancelled.
It is Important to understand that the concept of affinity is defined by our family law to protect the rights of relatives in kinship and adopted children, and not for personal gain and avoiding responsibility.
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