A very large number of citizens are faced with a situation where they need to provide a certificate of family composition. What is this certificate, who is included in the concepts of "family", "family composition"? Why this document is needed, where to get it - this will be discussed in this article. First you need to decide what the family is, the composition of the family from a legal point of view. The Family Code lacks a clear legal concept. The list of persons who are part of a family that is universal for most cases is not provided. It is worth noting that the concept of family members, as defined in the Civil, Housing Code, as well as in other legal and by-laws, is different from each other. In the theory of family law , the family is distinguished, the composition of the family from a sociological and legal point of view.
The concept of the family from a sociological point of view
According to the sociological vision of the issue, the family refers to the union of persons based on marriage, kinship (or kinship), co-education or adoption of children. An important feature of relations is family unity and mutual assistance. In this case, the fact of family relations is based on. According to the sociological sense, a family can exist in the case when in the legal sense it will not be created, in particular, the fact of cohabitation between a man and a woman without registering a marriage.
The concept of family from a legal point of view
In a legal sense, a family is a union of persons united by legal rights and obligations resulting from the fact of marriage, kinship, and raising children. In other words, the family is understood as a legal relationship. Family law gives legal significance to predominantly marital and parental relationships, as well as to individual degrees of kinship. Family, according to the legal aspect, family relations continue until the legal, legal termination of relations. The real situation is not taken into account. For example, cases when the family has already socially broken up or was completely absent.
Family composition certificate
One of the legal confirmations of the existence of family relations may be a special document on the composition of the family - a certificate (form of certificate of family composition No. 9). This certificate, in fact, is a document attesting to the existing family ties and taking into account all family members living together in any room of a multi-story building. Most often, it is shown as an excerpt from the house book. It displays all the information regarding the residents registered there. Accordingly, the family, the composition of the family is, as is commonly understood, all members of the family living in the owner’s living space. This may include spouses, children, parents, as well as other relatives, disabled persons and other citizens who are settled by the owner of the premises.
When Form 9 is Needed
What is this document for? First of all, to provide all kinds of bodies to confirm the necessary information and for certain purposes (when changing the place of registration, obtaining benefits, drawing up benefits), as well as for various other needs. Therefore, the issuance of such certificates is traditionally carried out on relevant requests.
Common cases where form 9 help may be required:
- Real estate or relocation of communal apartments. Often when selling real estate, you need to get a certificate several times.
- When providing benefits at the Center for Social Protection for low-income families with children.
- Upon receipt of compensation for payment of kindergartens.
- When queuing for housing, if the living space is one prescribed meter less than the established one.
- For presentation to the gas service (when payment is made for each registered).
Where is the certificate of family composition obtained?
The legislation of the Russian Federation provides a special form (No. 9) for this document.
You can get a certificate of family composition in the housing office (housing maintenance office), to which the corresponding house is attached and maintained.
In addition, a certificate can be obtained:
- in the passport office;
- in local governments (relevant for urban, rural and district settlements);
- territorial division of the FMS (Federal Migration Service), based on information recorded in the home book.
It is in these departments that a certificate of family composition is issued, a sample of which can be viewed at the place of issue.
What does the help contain?
The documentation is issued in compliance with the strict form, which is mandatory
appropriate information is included:
- Indication of the name of the authority that provided the document;
- full information about the address of the place of residence (location of the place of residence): index, city name, street name, house number with the building or building (if any) and apartment;
- the name of the document, namely, "Certificate of Family Composition";
- personal data of a citizen (full name) are registered;
- information on family members including all birth dates, degree of relationship (or lack thereof), date of registration in this apartment, as well as information about passport data or data from the birth certificate (for children) for each member;
- number of rooms occupied by living;
- the total area of the premises where the family lives;
- information about the personal data of the main owner of the premises - the owner or responsible tenant;
- name of the organization where the certificate is provided;
- date and time of the certificate;
- data on the official who issued the document, such as full name, signature and decryption of the signature of the employee;
- imprint of the official seal of the authority providing the certificate.
What is needed to receive
When passing the procedure for obtaining a certificate in the form of number 9 (certificate of family composition), documents will need to be prepared as follows:
- Completed application.
- The documentation confirming the facts of registration on the square.
- A document that can verify the identity of the citizen receiving the certificate.
The submitted document is valid no more than ten days from the date of submission. In case of unforeseen conditions, if the document was not provided or restoration of the lost certificate is required, it is necessary to re-fill the request in the form of number 9 so that the certificate of family composition is issued again.
A sample of well-written help can always be viewed at the place of request.
findings
So, we summarize: a certificate of family composition is a document issued in the appropriate form No. 9, requested by the relevant authorities. The composition of the family is all family members living in a given living space.
It is also important to note the following: if spouses are registered in different apartments, then two certificates of residence from both will be required.
When passing the appropriate procedure for obtaining a certificate, it will be necessary to have an application registered in the established manner for an inquiry, an identity document, a document confirming the right of a particular citizen to act in the interests of third parties.
Refusal to issue a certificate
It is not uncommon when a passport office or registration department refuses to issue a certificate in form 9. Most often, the reason is the presence of unpaid bills for an apartment or house (for electricity, heating, hot and cold water, etc.).
Traditionally, a refusal of extradition is issued in writing or you may be denied verbally. In this situation, it is possible to contact the prosecutor's office, in accordance with article 19.1 of the Administrative Code of the Russian Federation. Employees of such organizations do not have the right to refuse to issue a certificate in form 9 only based on utility debts.