Close relatives via the "Family Code". The concept of "close relatives" in the Russian legislation

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2018-04-01 22:59:13

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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". close relatives under the family code of the Russian Federation

General concept

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:

  • Father, mother and their children;
  • Brothers and sisters of full blood (that is, born from the same parents) and half (which share one common parent);
  • Grandparents, their children and grandchildren.

Russian law works in such a way that in particular branches of the law the concept of kinship has its own value. family code

Features of the concept of kinship

However, a closer examination of the norms of family law are the following:

  • The child's Parents, despite the fact that they are in a marriage relationship, the blood relatives are not, and all their legal rights and obligations are set only at the legislative level.
  • The Presence of consanguinity means relationship at the level of conventional wisdom, shaped by centuries of human existence in General and in a particular society cultural norms of morality. In other words, in close relationships we are responsible not only before the law but according to his conscience. For example, the mother engaged in improper care of their child, threatening his life and health, is subject not only to severe punishment according to the law, but condemnation from society.
  • Next of kin under the law – nekrovnymi, connections between which have arisen as a result of the adoption of children. In accordance with the family law, the adopted child automatically belongs to the next of kin, despite the complete absence of consanguinity. That is why between adoptive parents and adopted children is strictly prohibited marriage and any form of intimate relationships, except for relationships at the level of “parent-child". Again, this is dictated by the norms of morality, because no normal parent is not a priori will be to persuade your child to cohabit.

relatives of the first line

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  • Not everyone is a blood relative to be considered family. The law his view of kinship relations in terms of family relations. For example, great-grandparents though are relatives by blood to their great-grandchildren and great-granddaughters, but close don't count.
  • Cousins and second cousins kinship of family members descending from a common ancestor, loved ones are not recognized.

The Rights and obligations arising from the notion of kinship

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.relatives of the first degree of kinship

The duties of the relatives first-degree relatives with the following:

  • The implementation of adequate care, upbringing and education of their children;
  • Care and caring for elderly parents;
  • Obligations arising from the marital relationship of the spouses.

In case of evasion of duties, the law provides for sanctions on negligent relatives, such as:

  • Deprivation (restriction) of rights of parent;
  • Recovery from the parent content to minors and children for the maintenance of parents (alimony) in some cases one of the spouses;
  • The establishment of origin of children.

As protection measures and ensure the future of the children left for any reason without parental care, includes the following steps:

  • The possibility of adoption of the child;
  • The design of the care;
  • Protection of minors and the adoption of duties related to the maintenance and education of the child by the state.

Close relatives, the inheritance

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.next of kin according to the law

The difference between the concepts in the fields of 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. relatives of the first stage

Close connection involving violation of the law

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.

Conclusion

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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