Family code of the Russian Federation all articles. What is the family code in modern russia. Changes to the Family Code

Family problems solved at the level of legislation have been, are and will be.

But many, faced with this or that unpleasant situation, solve all the issues on their own, while adding even more fuel to the fire and finally spoiling relations with loved ones. Such phenomena are generated by ignorance of the laws, namely the Family Code of the Russian Federation.

And now we will talk about what the Family Code is, and what family issues and disputes it can help resolve.

What is the RF IC?

The Family Code of the Russian Federation is a special legislative act that unites the norms governing relations in marriage and in the family as a whole. This code is one of the most important legislative documents on the territory of the Russian Federation. The date of the first adoption of the Investigative Committee by the State Duma of the Russian Federation is December 8, 1995.

The structure of the Family Code

The UK includes the most important bills aimed at regulating family relations, raising and guardianship of children, etc.

The structure of the RF IC includes:

Family law;

Family rights protection;

Conclusion and dissolution of marriage;

The responsibilities of the spouses;

Rights to property acquired in marriage;

The procedure for the payment and collection of alimony for children;

Minor children's rights;

Parenting;

Responsibility and rights of parents.

Why is the Family Code needed?

SK allows you to resolve all problems and disputes arising in the family between spouses or parents and children.

If people want to get married, they must do so in accordance with the Family Code. The same applies to the dissolution of marriage or its invalidation. That is, everything related to creating a family is clearly spelled out in the UK.

Also, this document helps to resolve issues regarding alimony. Based on the legislation, one of the parents can be involved in the payment of maintenance both voluntarily and compulsorily. And in case of malicious evasion of these obligations, the payer may be faced with a serious charge, and, accordingly, harsh penalties.

In accordance with the RF IC, the adoption of children in the country occurs under certain conditions, which are also clearly spelled out in this document.

The rights of parents and children in the Family Code help to resolve controversial issues that arise in the relationship between a child and his mother, father or guardians.

In one word, the Family Code of the Russian Federation gives full protection to every family member, clearly indicating the rights of spouses, parents and children (including minors).

More articles and publications

On December 8, 1995, the State Duma of the Russian Federation officially adopted the Family Code. On December 29, 1995, the document was signed by the President of the country Boris Yeltsin, and on March 1, 1996, the aforementioned codified legal act became legal.

The structure of the Family Code of the Russian Federation

The Family Code of Russia has a structure similar to other state legal acts. The document is divided into 8 thematic sections, 22 chapters and 170 articles.

The title section contains the general provisions of the document. This section of the code describes the general provisions of the code. The task of the section is to reveal the essence as fully as possible, to describe the rights and obligations of the parties and the issues of their relations, regulated by the document.

Subsequent sections of the Family Code of the Russian Federation include articles that regulate relations within the family between spouses, relatives, children and parents.

The last section of the document consists of a set of final clauses summarizing the objectives of the family code; describes the range of organizations and institutions responsible for the observance of family law, and clarifies their official powers.

What relations are regulated by the Family Code of the Russian Federation?

The Family Code, which was based on the RSFSR CoBS, reflects the main points of family law in the state. These include:

• conditions for marriage, divorce;
• responsibilities and rights of spouses;
• forms of relations between parents and children;
• the procedure for adoption, registration of guardianship.

The articles of the codified document govern all aspects related to the family as a unit of society. From the birth of a child to his becoming a parent, including human rights as a spouse and his duties towards other members of his family, including those who are disabled and minors.

In addition, the current edition of the document includes new, relative to the first edition, legal norms and institutions in whose field of action fall:

• marriage contracts and agreements;
• alimony issues;
• protection of the interests and rights of family members, in marriages with foreign citizens, inclusive.

Disputes arising from family relations and the Family Code of the Russian Federation are the most common category of cases in the courts, along with disputes on housing issues. You may also be interested in commentary articles on the most relevant categories of family matters:

The main purpose of family law is to protect the family, fatherhood, motherhood and childhood. The Family Code of the Russian Federation pays considerable attention to the non-property rights and obligations of family members and relatives, as well as the competence of the bodies protecting family rights. Property rights and obligations are also regulated by civil law.

The main institutions regulated by family law: marriage, prenuptial agreement, common property of spouses, alimony, guardianship, guardianship, foster family.

Also, the Family Code of the Russian Federation contains a number of conflict of laws rules used to resolve competition between law and order when resolving disputes over relations complicated by a foreign element (as a rule, when one of the spouses or both spouses are foreign citizens).

Changes in the RF IC that entered into force in 2017

In 2017, the policy of tightening against non-payers of alimony will continue. So, it is planned to create a special fund, from which the state will pay alimony if the parent avoids it. Then the state will collect these sums from the parent who is evading his duties.

In this regard, it is planned to create specialized departments in the bailiff service, which will deal exclusively with enforcement proceedings in the field of collecting alimony.

Thus, for an accurate understanding of the rights and obligations regulated by the Family Code of the Russian Federation, each citizen is encouraged to familiarize himself with the changes in the document that came into force in 2017.

Family Code of the Russian Federation as amended for 2017

Section I. General Provisions

Chapter 1. Family Law

Chapter 2. Exercise and protection of family rights

Section II. Conclusion and termination of marriage

Chapter 3. Conditions and procedure for contraction of marriage

Chapter 4. Termination of marriage

Chapter 5. Invalidity of marriage

Section III. Rights and obligations of spouses

Chapter 6. Personal rights and obligations of spouses

Chapter 7. Legal Regime of Spouses' Property

Chapter 8. Contractual regime of property of spouses

Chapter 9. Responsibility of spouses for obligations

Section IV. Rights and obligations of parents and children

Chapter 10. Establishing the origin of children

Chapter 11. Rights of Minors

Chapter 12. Rights and responsibilities of parents

Section V. Alimony obligations of family members

Chapter 13. Maintenance obligations of parents and children

Chapter 14. Maintenance obligations of spouses and former spouses

Chapter 15. Maintenance obligations of other family members

Chapter 16. Agreements on the payment of alimony

Chapter 17. Procedure for the payment and collection of alimony

Section VI. Forms of upbringing of children left without parental care

Chapter 18. Identification and placement of children left without parental care

Chapter 19. Adoption (adoption) of children

Family Code of the Russian Federation in the current edition (with comments) in the edition of 2019.

Comments in the form of extracts from the explanations of the Supreme Court of the Russian Federation (Plenum of the Armed Forces of the Russian Federation, reviews of judicial practice approved by the Presidium of the Armed Forces of the Russian Federation), as well as links to materials already published on our website ( articles, comments, reviews and summaries of judicial practice).

As amendments and additions are made to the Family Code of the Russian Federation, as well as new clarifications of the Supreme Court of the Russian Federation appear, we will amend the texts of the articles of the Investigative Committee of the Russian Federation and comments to them.

Below is the text the current edition of the RF IC with the latest changes introduced by the Federal Law of 18.03.2019 N 35-FZ. These the changes entered into force on March 18, 2019 (rev. 36).

RUSSIAN FEDERATION

FAMILY CODE OF THE RUSSIAN FEDERATION

Section I. General Provisions

Chapter 1. Family Law

Basic principles of family law
... Relationships governed by family law
... Family legislation and other acts containing the norms of family law
... Application to family relations of civil legislation
... Application of family law and civil law to family relations by analogy
... Family law and international law

Chapter 2. Exercise and protection of family rights

Exercising family rights and fulfilling family responsibilities
... Protection of family rights
... Application of the limitation period in family relations

Section II. Conclusion and termination of marriage

Chapter 3. Conditions and procedure for contraction of marriage

Marriage
... Marriage procedure
... Marriage conditions
... Age of marriage
... Circumstances Preventing Marriage
... Medical examination of persons entering into marriage

Chapter 4. Termination of marriage

Grounds for termination of marriage
... Restriction of the right to a husband to file a claim for divorce
... Divorce procedure
... Dissolution of Marriage in the Registry Office
... Consideration of disputes arising between spouses in the event of divorce in the civil registry offices
... Divorce in court
... Dissolution of marriage in court in the absence of the consent of one of the spouses to divorce
... Dissolution of a marriage in a judicial proceeding upon mutual consent of the spouses to divorce
... Issues to be resolved by the court when making a decision on divorce
... The moment of termination of a marriage upon its dissolution
... Restoration of marriage in case of appearance of a spouse declared dead or recognized as missing

Chapter 5. Invalidity of marriage

Invalidation of marriage
... Persons who have the right to demand that a marriage be declared invalid
... Circumstances eliminating the invalidity of marriage
... The consequences of declaring a marriage invalid

Section III. Rights and obligations of spouses

Chapter 6. Personal rights and obligations of spouses

Equality of spouses in the family
... The spouses' right to choose a surname

Chapter 7. Legal Regime of Spouses' Property

The concept of the legal regime of spouses' property
... Joint property of spouses
... Possession, use and disposal of the spouses' common property
... Property of each of the spouses
... Recognition of the property of each of the spouses as their joint property
... Division of the common property of spouses
... Determination of shares in the division of the common property of spouses

Chapter 8. Contractual regime of property of spouses

Marriage contract
... Conclusion of a marriage contract
... Content of the marriage contract
... Change and termination of a marriage contract
... Recognition of a marriage contract invalid

Chapter 9. Responsibility of spouses for obligations

Levy of execution on the property of spouses
... Guarantees of the rights of creditors when concluding, changing and terminating a marriage contract

Section IV. Rights and obligations of parents and children

Chapter 10. Establishing the origin of children

The basis for the emergence of the rights and obligations of parents and children
... Establishing the origin of the child
... Establishing paternity in court
... Establishment by the court of the fact of acknowledgment of paternity
... Recording the child's parents in the birth register
... Contesting paternity (maternity)
... Rights and obligations of children born to persons who are not married to each other

Chapter 11. Rights of Minors

The child's right to live and be raised in a family
... The child's right to communicate with parents and other relatives
... The child's right to protection
... The child's right to express his or her opinion
... The child's right to a name, patronymic and surname
... Change of the child's first and last name
... Property rights of the child

Chapter 12. Rights and responsibilities of parents

Equality of rights and responsibilities of parents
... The rights of minor parents
... The rights and obligations of parents in the upbringing and education of children
... The rights and obligations of parents to protect the rights and interests of children
... Exercise of parental rights
... Exercise of parental rights by a parent living separately from a child
... The right to communicate with a child of a grandfather, grandmother, brothers, sisters and other relatives
... Protection of parental rights
... Deprivation of parental rights
... The procedure for deprivation of parental rights
... Consequences of deprivation of parental rights
... Restoration of parental rights
... Restriction of parental rights
... Consequences of restricting parental rights
... Contacts of a child with a parent whose parental rights are limited by a court
... Cancellation of restriction of parental rights
... Removal of a child with an immediate threat to the child's life or health
... Participation of the guardianship and trusteeship authority in the consideration of disputes by the court related to the upbringing of children
... Execution of court decisions in cases related to the upbringing of children

Section V. Alimony obligations of family members

Chapter 13. Maintenance obligations of parents and children

Obligations of Parents to Maintain Minor Children
... The amount of alimony recovered for minor children in court
... Types of earnings and (or) other income, from which alimony for minor children is withheld
... Recovery of alimony for minor children in a fixed sum
... Recovery and use of alimony for children left without parental care
... The Right to Alimony for Disabled Adult Children
... Parents' participation in additional spending on children
... Obligations of adult children to support parents
... Participation of adult children in additional expenses for parents

Chapter 14. Maintenance obligations of spouses and former spouses

Responsibilities of spouses for mutual maintenance
... Former spouse's right to receive alimony after divorce
... Amount of alimony collected for spouses and former spouses in court
... Release of a spouse from the obligation to support another spouse or limitation of this obligation by a period

Chapter 15. Maintenance obligations of other family members

Obligations of Brothers and Sisters to Maintain Their Minors and Disabled Adult Brothers and Sisters
... Responsibilities of grandparents to support grandchildren
... Duty of Grandchildren to Maintain Grandfather and Grandmother
... The duty of pupils to maintain their actual educators
... Duties of stepsons and stepdaughters to support stepfather and stepmother
... The amount of alimony collected on other family members in court

Chapter 16. Agreements on the payment of alimony

Conclusion of an agreement on the payment of alimony
... Alimony Payment Agreement Form
... The procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony
... Invalidation of an agreement on the payment of alimony that violates the interests of the recipient of alimony
... The Amount of Alimony Paid Under an Agreement on the Payment of Alimony
... Methods and procedure for paying alimony under an alimony payment agreement
... Indexation of the amount of alimony paid under an agreement on the payment of alimony

Chapter 17. Procedure for the payment and collection of alimony

Recovery of alimony by court decision
... Terms of applying for alimony
... Recovery of alimony before the resolution of the dispute by the court
... Obligation of the administration of the organization to withhold alimony
... Withholding alimony on the basis of an agreement on the payment of alimony
... The Duty to Notify the Change of Place of Work of the Person Obliged to Pay Alimony
... Levy of execution on the property of a person obliged to pay alimony
... Determination of alimony arrears
... Exemption from payment of alimony arrears and (or) arrears in payment of a forfeit for late payment of alimony
... Responsibility for late payment of alimony
... Inadmissibility of offset and reverse recovery of alimony
... Alimony indexation
... Payment of alimony in case of departure of a person obliged to pay alimony to a foreign state for permanent residence
... Change of the amount of alimony established by the court and exemption from the payment of alimony
... Termination of alimony obligations

Section VI. Forms of upbringing of children left without parental care

Chapter 18. Identification and placement of children left without parental care

Protection of the rights and interests of children left without parental care
... Identification and registration of children left without parental care
... Arranging children without parental care

Chapter 19. Adoption (adoption) of children

Children, in respect of whom adoption is allowed
... The procedure for adopting a child
... Registration of children to be adopted and persons wishing to adopt children
... Inadmissibility of intermediary activity in the adoption of children
... Persons eligible to be adoptive parents
... Age difference between the adoptive parent and the adopted child
... Parents' Consent to Adopt a Child
... Adoption of a child without parental consent
... Consent to the adoption of children of guardians (trustees), foster parents, heads of organizations in which children are left without parental care
... Consent of the adopted child to adoption

It was adopted instead of the RSFSR CoBS that had been in effect before. The Family Code consists of eight sections, twenty-two chapters and 170 articles.

The structure of the Family Code

Section I. General Provisions

Chapter 1. Family Law
Chapter 2. Exercise and protection of family rights

Section II. Marriage

Chapter 3. Conditions and procedure for contraction of marriage
Chapter 4. Termination of marriage
Chapter 5. Invalidity of marriage

Section III. Rights and obligations of spouses

Chapter 6. Personal rights and obligations of spouses
Chapter 7. Legal Regime of Spouses' Property
Chapter 8. Contractual regime of property of spouses
Chapter 9. Responsibility of spouses for obligations

Section IV. Rights and obligations of parents and children

Chapter 10. Establishing the origin of children
Chapter 11. Rights of Minors
Chapter 12. Rights and responsibilities of parents

Section V. Alimony obligations of family members

Chapter 13. Maintenance obligations of parents and children
Chapter 14. Maintenance obligations of spouses and former spouses
Chapter 15. Maintenance obligations of other family members
Chapter 16. Agreements on the payment of alimony
Chapter 17. Procedure for the payment and collection of alimony

Section VI. Forms of upbringing of children left without parental care

Chapter 18. Identification and placement of children left without parental care
Chapter 19.

The Family Code of the Russian Federation is the main normative legal document regulating, together with the Constitution of the Russian Federation and the norms of international law, family relationships on Russian territory.

Also, family relationships are regulated by other legislative acts:

• Civil Code of the Russian Federation, Articles 3, 4, 5, 292;
• Federal Law No. 81 "On State Benefits to Citizens with Children";
• Federal Law No. 178 "On State Social Assistance";

The Family Code of the Russian Federation dated December 29, 1995 No. 223-FZ was adopted by the State Duma on December 8, 1995. The current law replaced the marriage and family code of the RSFSR.

Family legal acts are aimed at regulating personal property and non-property relationships between family members, and also determine the principles and procedure for the conclusion and dissolution of marriage, invalidation of marriage and other provisions related to the rights and interests of family members.

The structure of this Code on Marriage and Family of the Russian Federation includes 8 sections, 22 chapters and 170 articles:

• Section 1. The main provisions of the code. Chapters 1 to 2, Articles 1 to 9. Sets out the main terms, conditions and principles of this document;
• Section 2. Conclusion and dissolution of marriage. Chapters 3-5, Articles 10 to 30. This section contains the principles and procedures for the conclusion, dissolution and invalidation of marriage;
• Section 3. Spouses' powers and obligations. Chapters 6-9, Articles 31 to 46. The rights, duties and responsibilities of both spouses are regulated;
• Section 4... Powers and obligations of parents and children. Chapters 10-12, Articles 47 to 79. Clarifies the rights, duties and responsibilities of parents and children;
• Section 5. Alimony obligations for all family members. Chapters 13-17, articles 80 to 120. Alimony payments for spouses, parents, children and other family members, as well as forms, methods, amounts, conditions and terms of their payment are established;
• Section 6. The principles of upbringing children who have been left without parental care and (or) an official guardian. Chapters 18-22, Articles 121 through 155 3. The procedure and conditions for the upbringing of orphans and children left without parental care are described in detail;
• Section 7 (Articles 156-167). Application of family law to family relationships with the participation of foreign citizens and stateless persons. Defines the provisions that govern family relationships with the participation of foreigners and stateless persons;
• Section 8 (Articles 168-170). Final provisions of the code. Contains: the process of enactment of this law; implementation of the norms and legislative acts of the Family Code of the Russian Federation.

Today minors can commit acts that are on the verge of what is permissible. "On the basics of the system of prevention of neglect and juvenile delinquency" will help to understand.

Download 223 FZ Family Code

The basic concepts of the relevant code are: family, family legal relations, marriage and prenuptial agreement. A family is a small social group that is based on marriage or consanguinity, the members of which have common everyday relationships and are characterized by responsibility and mutual assistance. These legal relationships are established by family law.

Marriage is the registration of family ties between people in state services, which are determined by mutual rights and obligations relative to each other.

The legislation of the Russian Federation provides for the possibility of concluding a marriage contract. This agreement establishes the substantive rights and obligations of the husband and wife in marriage or in the event of its dissolution.

The Family Code is based on the following main principles:

• marriage by mutual consent;
• equality of rights between spouses;
• the priority is always the upbringing of children, as well as taking care of their well-being and development;
• strengthening the family, building family relationships based on feelings of mutual love and respect, mutual assistance and responsibility to all family members.

Download "Family Code of the Russian Federation" dated December 29, 1995 No. 223-ФЗ in the latest edition .

Changes to the Family Code

This code was last amended on May 1, 2017. The innovations relate to the custody of minor children whose parents are not formal marriage, as well as an act that may serve as a basis for deprivation of parental rights.

Changes were made to the following articles of the "Family Code of the Russian Federation" dated December 29, 1995 No. 223-FZ:

Section 58

Amend paragraph 2 of Art. 58 of the Family Code and supplement it with the following text: “When parents choose a child's name, it is prohibited to use numbers, alphabetic and numerical designations, numerals in his name. An exception is "hyphen".

According to the new edition of this code, paragraph 3 shall be stated as follows: “The surname of a newborn child is determined by the surname of his parents. If the parents have different surnames, then by mutual consent of the parents, the child can be assigned the surname of the father or the surname of the mother. The Family Code of the Russian Federation provides for the possibility of assigning a double surname, which can be formed by joining the father's surname to the mother's surname. A double surname can only consist of two words connected by a hyphen. "

Art. 66 p. 4

In accordance with the amendments, parents who live separately from their children have the right to request information about their child from educational institutions, medical organizations and public service institutions. By law, parents can be refused to provide information only if there is a threat to the life and health of the child. The corresponding refusal can be appealed against in court.

Article 69 of the Family Code

Amend the third paragraph of Article 69 and read it as follows: “they refuse to take a newborn child from the maternity ward or from another medical institution without good reason”.

Article 85 paragraph 2

The corresponding article establishes the procedure for the collection and use of alimony for children who have been left without parental care. There were several changes to the first paragraph of clause 2: "Alimony collected from parents for children left without parental care and in educational, medical and public institutions are transferred to the accounts of these organizations."

Section 131

The third paragraph of paragraph 1 of Art. 131 state in a new edition: "For the adoption (adoption) of children who are left without parental care and are in medical, educational, public institutions, you should obtain the written consent of the heads of these organizations."