Relations in the family sphere include divorce disputes, property and non-property rights between family members, relations between parents and children, etc. There are many laws regulating them in Russia, since family relations are a very important and extensive legal institution in terms of creating the right society and the rule of law. But the Family Code is considered the most important legislative act.
Relationships Regulated by Law
The Family Code is a regulatory act that governs relations in the field of the exercise and protection of family rights that arise when certain legal events and circumstances occur. These are: marriage, invalidation, divorce and other types of marriage. The code also regulates the form and procedure for the adoption of children who do not have parents, and their placement in a family or in special institutions. This law also considers provisions relating to family obligations between spouses, parents and children, maintenance obligations.
The remaining family legal relations that are not reflected or are not fully disclosed in the Family Code are regulated by other regulatory legal acts of the Russian Federation.
Relationship Institutes in the Family Code
Articles of the Family Code of the Russian Federation are grouped into sections, in each of which the basic principles and extensive types of family relations are established. Let's consider each of them.
1 Section. General
In the first section of the legal act, it is indicated on what principles the family legislation is based, which establishes what goals it pursues. It describes what the concept of "family legal relations" includes, how family rights should be protected, and what guarantees the subject of relations has. The first article explains why the Family Code was created. This is, first of all, the consolidation of the principle of freedom of choice and expression of will when creating and strengthening a family, its construction on mutual love and respect.
2 Section. Marriage Standards
It sets out in detail the conditions and procedure for marriage, the grounds for its termination and invalidation of the marriage. In this section, a citizen can find out at what age you can officially formalize your relationship and what may be the reason for the refusal by the registry office of a marriage. Not many people know that couples, of which at least one person is legally incompetent, will no longer be able to legally marry.
A large chapter of the second section is devoted to divorce. And this is quite logical, because divorce gives rise to new consequences and can occur in different ways. In the absence of any disputes between the spouses, they can issue a divorce simply by submitting an application to the registry office. But if they have a misunderstanding when dividing property, or if there are minor children, in whose custody of the parents the divorced children have not decided to leave them, then such disagreements can be resolved only through the court. The court also considers issues of the termination of marriage due to the recognition of one of the spouses as legally incompetent, dead or missing.
3 Section. Rights and obligations of spouses
This section includes the relationship in a marriage between spouses, their rights and obligations and legal consequences in the process of their implementation. The Family Code regulates relations in the event of the emergence of rights of non-property and property types, as well as various kinds of obligations. This section also contains information on the responsibility of the spouses, on the choice of surname, and discloses concepts such as common joint property and a prenuptial agreement.
4 Section. Rights and obligations of parents and children
How paternity is established, what rights a minor child has, what obligations parents have in raising children — all these relationships are indicated in the fourth section of the Family Code. This institution of legal relations provides for special protection from the state, since children are the future.
5 Section. Maintenance obligations
A very large section, which indicates when, to whom and under what circumstances citizens should pay child support. Subjects of maintenance obligations are parents and their children, former spouses and other family members. The law establishes the procedure for payment and collection of funds, as well as the possibility of concluding an agreement on their payment. The obligations of the Family Code to pay child support give rise to a number of consequences if a person does not comply with them. Legal consequences and punishment for failure to fulfill such obligations are regulated by the Criminal and Civil Codes of the Russian Federation.
6-8 sections
This section covers the establishment of provisions in the field of protection of the legal rights of children without parental care, guarantees and forms for their upbringing, guardianship and adoption of such a category of children. The code reveals the concepts of legal institutions such as guardianship, trusteeship and foster care.
The final 7 and 8 sections of the Family Code regulate relations in the field of creating a family of Russian citizens with foreign persons and establish general provisions for the implementation of this code.
Innovations in Family Law
The latest version of the Family Code, which entered into force on December 29, 2017, now provides for state registration of a newborn child through multifunctional centers. And that's not it. Also, innovations in the field of family relations touched not only the Family Code. The federal laws on the execution of alimony payments have been amended that establish the indefiniteness of the right to claim compensation for raising children from the debtor-spouse.
The Family Code is a very important legal act. It establishes and regulates relations in the field of family and parenting. This institution and its regulation is an integral part for the creation of civil society and the rule of law.