Family Code of the Russian Federation- the main codified regulatory legal act that regulates family relations on the territory of the Russian Federation. It was adopted instead of the previous KoBS of the RSFSR. Family code consists of eight sections, twenty-two chapters and 170 articles.

Structure of the Family Code

Section I. General Provisions

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

Section II. marriage

Chapter 3. Conditions and procedure for entering into marriage
Chapter 4
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
Chapter 11. Rights of minor children
Chapter 12. Rights and obligations of parents

Section V. Maintenance 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
Chapter 17

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

Chapter 18
Chapter 19
Chapter 20
Chapter 21
Chapter 22

Section VII. Application of family law to family relations involving foreign citizens and stateless persons

Section VIII. Final provisions

Links

see also

Wikimedia Foundation. 2010 .

See what the "Family Code of the Russian Federation" is in other dictionaries:

Family Code(Russian Federation)- (IC RF) a systematized legislative act, entered into force on March 1, 1996. RF IC is the main. a law regulating the conditions and procedure for entering into a marriage, terminating a marriage, declaring it invalid; property and personal... Pedagogical terminological dictionary

Big Encyclopedic Dictionary

A systematized legislative act that brings together the norms that govern relations arising from marriage and belonging to the family ...

Federal Law "Family Code of the Russian Federation" Number: 223 FZ Adopted: State Duma December 8, 1995 Signed: President December 29, 1995 Entry into force ... Wikipedia

In the Russian Federation, a systematized legislative act regulating the conditions and procedure for entering into a marriage, its termination and invalidation; personal non-property and property relations in the family (between spouses, parents ... ... encyclopedic Dictionary

FAMILY CODE- FAMILY CODE OF THE RUSSIAN FEDERATION. code of standard practice relating to the requirements for documents related to the importation of goods the document adopted by the member countries of the GATT in 1952, is advisory in nature. In him… … Legal Encyclopedia

- (see FAMILY CODE OF THE RUSSIAN FEDERATION) ... Encyclopedic Dictionary of Economics and Law

See the Family Code of the Russian Federation ... encyclopedic Dictionary

Code- (Code) Codes of the Russian Federation, classification of codes of the Russian Federation, system and doctrine of the code of the Criminal Code of the Russian Federation, codes of the Mayan peoples, labor Code, civil code, tax code, housing code, administrative code, family code… Encyclopedia of the investor

Family Code of the Russian Federation in the current version (with comments) in the 2020 edition.

The most frequently used in resolving disputes, the rules of law of the articles of the Family Code of the Russian Federation are commented in the form of extracts from the clarifications Supreme Court Russian Federation (plenum of the Supreme Court of the Russian Federation, reviews of judicial practice approved by the Presidium of the Supreme Court of the Russian Federation), as well as links to materials already published on our website (articles, comments, reviews and generalizations of judicial practice).

As changes and additions are made to the Family Code of the Russian Federation, as well as new clarifications from the Supreme Court of the Russian Federation, we will make changes to the texts of the articles of the Family Code of the Russian Federation and comments to them.

Below is the text the current version of the RF IC with the latest amendments made by Federal Laws No. 319-FZ of August 2, 2019 and No. 411-FZ of December 2, 2019. Specified the changes came into force on 01/01/2020 (rev. 39).

RUSSIAN FEDERATION

FAMILY CODE OF THE RUSSIAN FEDERATION

Section I. General Provisions

Chapter 1. Family Law

Basic principles of family law
. Relationships regulated by family law
. Family law and other acts containing family law
. Application to family relations of civil law
. Application of family law and civil law to family relations by analogy
. Family law and international law

Chapter 2. Implementation and protection of family rights

Exercise of family rights and fulfillment of family obligations
. Protection of family rights
. Application of the statute of limitations in family relations

Section II. Conclusion and termination of marriage

Chapter 3. Conditions and procedure for entering into marriage

Marriage
. The procedure for concluding a marriage
. Conditions for marriage
. Marriage age
. Circumstances preventing marriage
. Medical examination of persons entering into marriage

Chapter 4

Grounds for termination of marriage
. Restriction of the husband's right to file a demand for divorce
. The procedure for dissolution of marriage
. Dissolution of marriage in the registry office
. Consideration of disputes arising between spouses upon dissolution of marriage 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 dissolve the marriage
. Dissolution of marriage in a judicial proceeding with the mutual consent of the spouses to dissolve the marriage
. Issues resolved by the court when making a decision on the dissolution of marriage
. The moment of termination of marriage upon its dissolution
. Restoration of marriage in the event of the appearance of a spouse declared dead or recognized as missing

Chapter 5. Invalidity of marriage

Recognition of marriage invalid
. Persons entitled to demand recognition of marriage as invalid
. Circumstances eliminating the invalidity of a marriage
. 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 right of spouses to choose their last name

Chapter 7. Legal Regime of Spouses' Property

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

Chapter 8. Contractual regime of property of spouses

Marriage contract
. Conclusion of a marriage contract
. The content of the marriage contract
. Change and termination of the marriage contract
. Recognition of the marriage contract as invalid

Chapter 9. Responsibility of spouses for obligations

Foreclosure on the property of spouses
. Guarantees of the rights of creditors when concluding, amending and terminating a marriage contract

Section IV. Rights and obligations of parents and children

Chapter 10

The basis for the emergence of the rights and obligations of parents and children
. Establishing the parentage of a child
. Establishing paternity in court
. Establishment by the court of the fact of recognition of paternity
. Recording the child's parents in the birth register
. Contesting paternity (maternity)
. Rights and obligations of children born to unmarried persons

Chapter 11. Rights of minor children

The right of the child to live and be brought up in a family
. The right of the child to communicate with parents and other relatives
. The child's right to protection
. The right of the child to express his opinion
. The child's right to a given name, patronymic and surname
. Changing the name and surname of the child
. Property rights of the child

Chapter 12. Rights and obligations of parents

Equality of rights and obligations of parents
. Rights of minor parents
. The rights and obligations of parents in the upbringing and education of children
. Rights and obligations of parents to protect the rights and interests of children
. Implementation parental rights
. Exercise of parental rights by a parent living separately from the child
. The right to communicate with the child of grandfather, grandmother, brothers, sisters and other relatives
. Parental protection
. 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 the court
. Cancellation of Parental Restrictions
. Removal of a child in case of a direct threat to the child's life or health
. Participation of the body of guardianship and guardianship in the consideration by the court of disputes related to the upbringing of children
. Enforcement of court decisions in cases related to the upbringing of children

Section V. Maintenance Obligations of Family Members

Chapter 13. Maintenance obligations of parents and children

Responsibilities of parents regarding the maintenance of minor children
. The amount of alimony collected for minor children in court
. Types of earnings and (or) other income from which maintenance is deducted for minor children
. Recovery of alimony for minor children in a fixed amount of money
. Recovery and use of alimony for children left without parental care
. The right to alimony for disabled adult children
. Participation of parents in additional expenses for children
. Responsibilities of adult children for the maintenance of parents
. Participation of adult children in additional expenses for parents

Chapter 14. Maintenance obligations of spouses and former spouses

Duties of spouses for mutual support
. The right of the former spouse to receive alimony after the dissolution of the marriage
. The amount of alimony levied on spouses and former spouses in court
. Release of a spouse from the obligation to support the other spouse or limitation of this obligation for a period

Chapter 15. Maintenance obligations of other family members

Obligations of brothers and sisters to support their minors and disabled adult brothers and sisters
. Responsibilities of grandparents for the maintenance of grandchildren
. Duty of grandchildren to support grandparents
. The obligation of pupils to support their actual educators
. Responsibilities of stepsons and stepdaughters for the maintenance of stepfather and stepmother
. The amount of alimony levied on other family members in court

Chapter 16

Conclusion of an agreement on the payment of alimony
. Support agreement form
. The procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony
. Recognition as invalid of an agreement on the payment of alimony that violates the interests of the recipient of alimony
. Amount of alimony paid under an agreement on the payment of alimony
. Methods and procedure for paying alimony under an agreement on the payment of alimony
. Indexation of the amount of alimony paid under an agreement on the payment of alimony

Chapter 17

Recovery of alimony by court order
. Deadlines for claiming child support
. Collection of alimony until the dispute is resolved by the court
. The obligation of the administration of the organization to withhold alimony
. Withholding child support based on an agreement on the payment of alimony
. Obligation to report a change in the place of work of a person obliged to pay alimony
. Foreclosure on the property of a person obliged to pay alimony
. Determining child support arrears
. Exemption from payment of debt on alimony and (or) debt on payment of a penalty for late payment of alimony
. Liability for late payment of alimony
. Inadmissibility of set-off and reverse recovery of alimony
. Alimony indexation
. Payment of alimony in the event of departure of a person obliged to pay alimony to a foreign state for permanent residence
. Changing the amount of alimony established by the court and exemption from paying alimony
. Termination of maintenance obligations

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

Chapter 18

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

Chapter 19

Children in relation to whom adoption (adoption) is allowed
. Procedure for adopting a child
. Accounting for children to be adopted and persons wishing to adopt children
. Inadmissibility of intermediary activities for the adoption of children
. Persons eligible to be adoptive parents
. Age difference between adopter and adoptee
. Parental consent to adopt a child
. Adoption of a child without parental consent
. Consent to the adoption of children of guardians (custodians), adoptive parents, heads of organizations in which there are children left without parental care
. Consent of the adopted child to adoption

Family Code of the Russian Federation in 2017 in latest edition based on the same principles of family protection and concern for the interests of children. Changes have been made to the procedure for detecting children left without parental care and the application of legal norms in families with foreign citizens.

Issues affecting the conclusion and dissolution of marriage, the upbringing of children and the division of property are regulated by the Family Code of the Russian Federation, the latest version of which entered into force on January 10, 2016.

It covers all areas of family law, is periodically adjusted and supplemented.

Fundamental clauses of the Family Code

The Family Code of the Russian Federation was developed to protect the family and regulate legal relations in this area.

Some provisions are devoted to the interests of children and the division of property.

The fundamental provisions are as follows:

1. The family is a cell; the whole society is built on its basis.
2. Motherhood and childhood are a special status that indicates vulnerability and the need for protection.

The Family Code 2017 regulates various areas. Among them we list the following:

• marriage;
• divorce;
• the procedure for dividing property between husband and wife;
• establishment of motherhood/paternity;
• deprivation / restoration of parental rights;
• protection of the rights of children growing up in incomplete families.

If we turn to a review of judicial practice (information on cases can be found in), most often with statements of claim apply for divorce, alimony, communication with children after a divorce, the appointment of a guardian for minors.

The structure of the latest edition: what is interesting

The latest edition of the RF IC combines 8 sections, which include 22 chapters, consisting of 170 articles. What are these sections about?

1. The first section contains the basic judicial rules in the field family relations.
2. The second section shows the course of the marriage procedure and indicates the grounds for its dissolution.
3. The third section defines the status of spouses, reveals in detail what the rights and duties of a husband and wife are.
4. The fourth draws attention to the rights of parents and children in relation to each other (perhaps registration).
5. The fifth section is devoted to issues related to .
6. The sixth contains norms protecting the interests of children (parents fill in the form) deprived of parental care.
7. The seventh section regulates the procedure for applying the norms of the Family Code of the Russian Federation in relation to persons who are citizens of another state.
8. The eighth section contains the final provisions.

The provisions of the Family Code of the Russian Federation fully cover family law.

Almost each of the eight sections listed above combines several chapters, which consist of separate articles.

Back to judicial practice. Family law cases are considered the most problematic.

The reason lies in the fact that the emotional component is strong here, which is practically absent in other legal areas.

What changes were made to the RF IC

The latest amendments to the Family Code of the Russian Federation came into force on January 10, 2016. They are enshrined in law No. 457-FZ of December 30, 2015.

These changes affect two areas;

• custody of children whose parents are not married and have not reached the age of majority;
• actions that serve as grounds for deprivation of parental rights.

Let's dig deeper. Changes have been made to article 62.

The following order is established:

1. If a child is born to minor and unmarried parents, after the establishment of maternity / paternity until they reach the age of 16 years, a guardian is appointed. This person is responsible for the upbringing of the child along with the parents.
2. Disputes arising between parents and guardians are resolved by contacting the guardianship and guardianship authority.
3. Upon reaching the age of 16 by parents, they have the right to carry out education without the involvement of third parties.

So what is the change?

Previously, it was established that at the birth of a child whose parents have not reached the age of majority and are not married, he could be appointed a guardian.

According to the latest edition, this is not an opportunity, but an obligation.

What other changes are relevant in 2017

The same law No. 457-FZ amended Article 69 of the Family Code of the Russian Federation.

In the previous edition, the list of grounds included the commission by one of the parents of a child under 18 years of age, a deliberate crime against the life and health of a spouse or their children.

Now the list of persons additionally includes:

• children;
• other parent (who this moment may not be a spouse);
• spouse (also not a parent of the child);
• other family members.

Amendments to the Family Code of the Russian Federation affected not only the content of the articles. The scope of this law has been expanded.

Adjustments were made to methods for detecting children living without parental care. The order of their placement in families or in specialized institutions was changed.

Mixed Family Issues

In 2017, the Family Code contains many positive innovations regarding relations with citizens of other states and stateless persons.

Here are some of the innovations in this area:

1. A strictly territorial view of the application of family law has been abolished, which has facilitated the resolution of issues in connection with marriages with foreign citizens (on whose arrival it is filled out).
2. A choice of legislation has been introduced depending on the territory of which state the family lives in.
3. Equal rights in marriage have been enshrined, and now this applies to both foreigners and stateless persons.

The Family Code was separated from the Civil Code. In particular, issues related to the order of inheritance are delineated.

They are mainly regulated by the Civil Code.

Parallel regulation would be difficult, so a clear distinction is required.

Why you should get a general idea of ​​the RF IC

The activities of most professions are not directly related to the knowledge and application of the provisions of the Family Code of the Russian Federation.

However, it would still be useful to have a general idea about it. Why?

The answer is obvious. Everyone is involved in family relationships in one way or another.

Therefore, in order to know your obligations and protect your legal rights, you need to navigate the rules of family law.

Important: the main purpose of the provisions contained in the Family Code of the Russian Federation is the protection and protection of the family as a cell of society. No law can go against the norms established by it.

When an unforeseen situation arises (for example, the dissolution of a marriage and the subsequent division of property), you have to understand the laws in even more detail.

After all, it is the Family Code of the Russian Federation that is provided for in order to regulate the relations of family members.

I must say that some persons must thoroughly understand the rules of law.

These include lawyers, employees of civil registry offices, judges and lawyers.

Let's summarize the main points. The Family Code of the Russian Federation is aimed at regulating legal relations.

Its fundamental principle is the protection of the family as a cell of society, priority is given to the interests of children.

A number of changes have been made, affecting situations with minor parents, the procedure for deprivation of parental rights and equality in terms of law in marital relations.

Divorce in court with the mutual consent of the spouses to dissolve the marriage

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

Family relations are also regulated by other legislative acts:

• Civil Code of the Russian Federation, articles 3, 4, 5, 292;
• Federal Law No. 81 “On State Benefits for Citizens with Children”;
• Federal Law No. 178 "On nationwide social assistance";

"Family Code of the Russian Federation" dated December 29, 1995 No. 223-FZ was adopted by the participants of the State Duma on December 08, 1995. The actual law replaced the Code on Marriage and Family 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 concluding and dissolving a marriage, declaring a marriage invalid and other provisions related to the rights and interests of family members.

The structure of this code on marriage and the family of the Russian Federation includes 8 sections, 22 chapters and 170 articles:

• Section 1. Main provisions of the code. Chapters 1-2, Articles 1 to 9. Establishes 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 procedure for concluding, dissolving and recognizing the invalidity of marriage;
• Section 3 Powers and obligations of spouses. 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. Explains the rights, duties and responsibilities of parents and children;
• Section 5 Alimony obligations of all family members. Chapters 13-17, articles 80 to 120. Alimony payments to spouses, parents, children and other family members, as well as forms, methods, amounts, conditions and terms for their payment are established;
• Section 6 Principles of upbringing of children left without parental and (or) official guardianship. Chapters 18-22, articles 121 to 155.3. The procedure and conditions for raising orphans and children left without parental care are described in detail;
• Section 7(Articles 156-167). Application of family law to family relationships involving foreign citizens and stateless persons. Defines the provisions that govern family relationships involving foreigners and stateless persons;
• Section 8(Articles 168-170). Final provisions of the code. Contains: the process of enacting this law into force; implementation of 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 permitted. "On the basics of the system for the prevention of neglect and juvenile delinquency" will help you figure it out.

Download 223 FZ Family Code

The main concepts of the relevant code are: family, family legal relations, marriage and marriage contract. A family is a small social group based on marriage or consanguinity, whose members have common domestic relationships and are characterized by responsibility and mutual assistance. These legal relationships are established by family law.

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

The legislation of the Russian Federation provides for the possibility of concluding a marriage contract. This agreement establishes the material 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:

• consensual marriage;
• equality of rights between spouses;
• the priority is always the upbringing of children, as well as care for their well-being and development;
• strengthening the family, building family relationships 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-FZ in the latest edition .

Changes made to the Family Code

The last amendments to this Code were made on May 1, 2017. The innovations concern the guardianship of minor children whose parents are not officially married, 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:

Article 58

Change 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 forbidden to use numbers, letters and numbers, numerals in his name. The exception is "hyphen".

According to the new version 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 agreement of the parents, the child may be given 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 adding 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 changes, 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 denied information only if there is a threat to the life and health of the child. The corresponding refusal can be appealed in court.

Article 69 of the Family Code

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

Article 85 paragraph 2

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

Article 131

Paragraph three of paragraph 1 of Art. 131 amended as follows: “For the adoption (adoption) of children who are left without parental care and who are in medical, educational, public institutions, the written consent of the heads of these organizations should be obtained.”

Problems in the family, solved at the level of legislation, were, are and will be.

But many, faced with this or that unpleasant situation, resolve all issues on their own, while adding even more fuel to the fire and finally spoiling relationships 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 RF SC?

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 IC by the State Duma of the Russian Federation is December 8, 1995.

Structure of the Family Code

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

The structure of the RF IC includes:

Family law;

Protection of family rights;

Conclusion and dissolution of marriage;

Duties of the spouses;

Rights to property acquired during marriage;

The order of payment and collection of alimony for children;

Rights of minor children;

Parenting;

Responsibility and rights of parents.

Why do we need a Family Code?

SC allows you to resolve all problems and disputes that arise 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 a marriage or its recognition as invalid. That is, everything related to the creation of a family is clearly spelled out in the UK.

Also this document Helps resolve child support issues. Based on the legislation, one of the parents can be involved in the payment of maintenance both voluntarily and forcibly. And in case of malicious evasion of these duties, the payer may be charged with serious charges, and, accordingly, severe penalties.

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

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

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

More articles and publications