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Sources of Family Law in Russia

Family relations refer to those spheres of social life that are very difficult to settle legislatively. But you can not do without this, because the family, as you know, is a cell of society, it is the basis of the state. What are the legislative acts in Russia that contain the norms of family law?

The most important legislative act on which all other sources of family law are based is the Basic Law - the Constitution of Russia. Already in Article 7 of the Basic Law it is said about the state support of the family. Article 19 guarantees equal rights and freedoms for men and women, for all people, regardless of gender, nationality, religion, position, position in society.

Article 23 deals with the inviolability of private life, introducing such a concept as personal and family secrets. Article 38 directly concerns family relations: it proclaims that the state protects the family, motherhood and childhood, and parents are charged with the care of their children and their upbringing. Also in this article it is established that adult children are obliged to take care of parents who have lost their ability to work.

He also speaks of family relations and Article 72, in particular, its first point. It declares that the RF and its subjects jointly regulate the issues of family legislation. This means that both the autonomous republics and districts, and the regions, and Moscow and St. Petersburg, have the right to adopt laws in the field of family law, as well as to issue laws regulating issues that are not mentioned in the Family Code. However, the rules set forth in these laws should not be at variance with the Family Code. The need to allow the subjects of the federation to have their own sources of family law was due to the fact that in different regions of the country there are local peculiarities that must be taken into account.

Speaking about legislative acts, which contain norms in the field of family law, we can not say about international documents, which are also part of the legal system of Russia. These include the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases, which the Russian Parliament ratified on August 4, 1994, as well as the UN Convention on the Rights of the Child, to which Russia acceded in 1990. Also in this group Includes such sources of family law as bilateral agreements on family issues concluded by Russia with various states.

The main legislative act in the field of family law in the Russian Federation is the Family Code. It outlines the main provisions, defines this industry, develops issues related to the protection of the rights of family members. The code also regulates marriage issues: its conclusion and termination, establishes the rights and duties of spouses, and so on. And, of course, it details the rights and responsibilities of parents and children. A separate section is devoted to the regulation of family relations, in which foreigners or persons who do not have citizenship participate.

These are the main legislative acts that regulate family law. Sources of norms of this industry, as already mentioned above, are also accepted by the subjects of the Russian Federation. They are allowed to legislatively regulate such matters:

  • Establish the conditions under which marriage can enter up to 16 years;
  • Determine whether spouses can choose a double surname at the time of marriage;
  • On giving the child a surname and a patronymic;
  • To regulate issues that local governments can address in such areas as custody and guardianship of orphans;
  • To establish the size of wages and benefits for foster parents.

Thus, the sources of the family law of the Russian Federation are an extensive list of documents. These include not only laws, but also by-laws. The issues of this branch of law can be regulated by the president, the government and other federal and regional bodies belonging to the executive branch of power. This is a brief overview of the question of what sources of family law regulate relations in this industry in Russia.

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