Prohibition of close relatives working together in government institutions

If we are talking about relationships in the family from the aspect of morality, then family relationships are transparent and understandable: each person himself names people close to him, and it is not forbidden to consider even good friends or his wife’s family, for example, as relatives. But in notarial and judicial practice, close relatives are determined according to the current legislation of the Russian Federation and, alas, in a very ambiguous manner. Meanwhile, this is of great importance in resolving inheritance cases and other issues related to property rights.

Close relatives according to the Criminal Code

The concept of kinship and property in family law is not clearly defined.
In the text of the RF IC, categories such as “relative” and “family member” are used in parallel. The legislator does not explain their content and the relationship of logical volume. The RF IC does not mention the in-laws at all. Article 2 of the RF IC designated the subject of legal regulation of the industry as legal relations between family members (spouses, children, parents) and other relatives. Based on this definition, it seems that the concept of “relative” is broader in content than “family member”.

But not everything is clear. As a unit of society, a family is a collection of people living together, united by a common way of life. A family member is not so much a biological category as a social one. This is important because blood relationship does not always imply a trusting relationship. Sometimes half-siblings not only do not communicate, but do not even see each other.

Many people are interested in whether the mother-in-law is a close relative under the law. The answer is clearly negative.

However, if they live together, a family member can be considered a mother-in-law/mother-in-law, father-in-law/father-in-law, stepson/stepdaughter, stepfather/stepmother, or non-relative dependent.

The category “family member” is significant for family law, housing law, and such areas as social security law. Example: family members of the tenant have the right to move into the housing with him.

Within the framework of the RF IC, the circle of close relatives is defined in the context of circumstances that impede marriage. Here is who, according to the family code, is a close relative:

representatives of one family in a direct ascending-descending line of the family tree, regardless of the degree of distance;
adoptive parent, adopted person;
brother and sister who have at least one common parent.

Marriage between stepchildren (spouses' offspring from previous marriages) is permitted by default. But the situation changes radically if one of the spouses adopts the child of the other. In this case, stepchildren will have a common parent/adoptive parent. Accordingly, they will not be able to get married.

The circle of persons for whom marriage is prohibited due to kinship is very narrow according to the RF IC. Most Russians consider marriages between cousins, uncles/aunts and nephews, and even more distant relatives, to be incestuous. People who are in a spiritual connection with each other are not married. We are talking about godfathers, godparents and godchildren.

Who does the law define as close relatives? It’s logical to start searching for an answer to the question with the Family Code. There is no separate article defining the concept in the normative act. Listing the circle of persons with whom it is prohibited to marry, Article 14 of the code defines the term “close relatives”.

Kinship between people in sociology is defined as relationships arising from consanguinity or marriage.

In private law, close relatives are blood relatives in ascending and descending lines who have a common ancestor. Spouses are not close relatives. Relationships of property arise between them, developing on the basis of marriage. In-laws are also mother-in-law, mother-in-law, father-in-law, and father-in-law.

The Family Code of the Russian Federation introduces the concept of “family members” and defines the circle of persons related to them.

The article of the law states that the code considers one type of family characteristic of modern society. This is a nuclear (partner) family. Its basis is not the blood connection between generations of relatives, but the relationship between spouses. To paraphrase a famous slogan, this type of family can be defined as follows: “Mom, dad and I - a nuclear family.”

Family members are husband, wife and their children or adoptive parents and adopted child. Grandparents remain close relatives.

Existing sets of laws and regulations on each issue partially overlap, complementing each other. The concept of “close relatives” according to the Civil Code of the Russian Federation is found when considering many issues, but there is no clear and unambiguous definition of the term in this set of legislative acts.

Family

Speaking about status, it is noted that spouses can be citizens of different sexes who have reached the age of majority, but are not blood relatives. That is, marriage between:

parents and children;
adopted child and adoptive parent;
brothers and sisters;
in the event that one of the parties is recognized by the court as an incompetent person.

The wife and husband are not related. Their relationship is secured by a legal union (marriage certificate) and certain obligations. Upon divorce, citizens lose rights to the property of their former spouses.

Administrative

In the case of administrative offenses, it is permissible to refuse to give evidence that could harm relatives or a spouse. In the Note to Art. 25.6 of the Code of Administrative Offenses of the Russian Federation, which regulates the legal capabilities and obligations of a witness, relatives indicate:

children, parents;
grandparents, grandchildren;
brothers, sisters;
adoptive parents and adopted children.

Although the spouses are not closely related, they are endowed with the same rights.

In Criminal Law, spouses, unlike the RF IC, are close relatives according to Art. 5 Code of Criminal Procedure. In addition to them, the relatives described in the Code of Administrative Offenses of the Russian Federation are closely related.

It is believed that this category of citizens is interested in the fate of another family member, and therefore may not testify against him. According to Art.

96 of the Criminal Code, when one of the spouses is detained by law enforcement agencies, it is necessary to notify relatives.

Labor

Many disputes about family relationships arise in the Labor Code. By law, in the event of the death of loved ones, the employer is obliged to provide the employee with leave for five calendar days. The circle of people who have this right is regulated by the RF IC. However, the death of other members, for example, cousins, aunts, uncles, is an important event, but they do not belong to the immediate family.

In the Housing Code in Art. 31 only the concept of family members is found. The homeowner can move anyone into his living space, the degree of relationship and marriage do not matter. Family members include children, parents, and second spouse.

Taxation

In the Tax Code, close relatives are considered by law completely separately. When registering a deed of gift, all family members and closest relatives (donor and recipient) are exempt from tax payments. The state fee for notary services of drawing up and certification of documents in this case is reduced.

If the testator did not leave a will, then the distribution of his share of the property will depend on who the close relatives are according to the law. 7 queues are installed here. The inheritance is distributed in descending order. The diagram looks like this.

The rules of inheritance are regulated by Art. 1142–1145 and art. 1148 of the Civil Code of the Russian Federation. Inheritance according to the law of the next order occurs if:

there are no heirs of the previous level;
if the applicants are deprived or excluded from the right of inheritance;
if all of the candidates refused to accept the inheritance.

Close relatives in Criminal Law - differences with the Family Code

Each of the three codes mentions relatives and “close persons.” Let's look at examples.

The life and health of close relatives of government officials are recognized as independent objects of criminal attacks against the order of government (Article 318 of the Criminal Code of the Russian Federation).
Those sentenced to imprisonment, and in extraordinary circumstances - also to arrest, have the right to have meetings with close relatives and call them (Article 69 of the Penal Code of the Russian Federation).
One of the close relatives or another trusted person of the choice of the convicted person can defend him in court together with a lawyer, and if the case is pending before a magistrate, instead of a lawyer (Article 49 of the Code of Criminal Procedure of the Russian Federation).

The definition of the concepts “close relatives” and “close persons” is contained in Article 5 of the Code of Criminal Procedure of the Russian Federation. Today they are subject to sharp criticism. The wording of these norms leads many scientists and practitioners to believe that the drafters of the Code of Criminal Procedure of the Russian Federation ignored the existence of family legislation.

Let's consider who is the next of kin according to the Code of Criminal Procedure. This:

spouse;
parent;
adoptive parent;
grandfather grandmother;
child;
adopted/adopted;
grandson;
sibling.

When determining the circle of immediate relatives, the legislator went by simple enumeration. This is not the only way. For comparison, the provisions of the Tax Code regarding tax benefits granted to relatives are of a referential nature.

Source: https://sozvezdiedom.ru/blizkie-rodstvenniki-po-ugolovnomu-kodeksu/

Close relatives

Close relatives according to the “Family Code of the Russian Federation”

The concept of “close relatives” is encountered quite often in various branches of law. But in the law there is no single concept and list of this category of persons. Some legal acts contain their own concept and an exhaustive list, others directly refer to the norms of the RF IC. Therefore, it would be fair to consider the question of who close relatives are according to the “Family Code of the Russian Federation”.

General concept

In the context of family law, first-degree relatives are considered to have direct ties in several generations of the same family. The law also contains a list of these persons.

According to the Family Code of the Russian Federation, close relatives include:

father, mother and their children;
brothers and sisters are full (that is, born from the same parents) and half-siblings (who have one common parent);
grandmothers, grandfathers, their children and grandchildren.

Russian legislation works in such a way that in individual branches of law the concept of close relationship has its own meaning.

Features of the concept of close kinship

A more detailed examination of the norms of family law can highlight the following:

The child’s parents, despite the fact that they are in a marital relationship, are not relatives by blood, and all their legal rights and obligations are secured only at the legislative level.
The presence of consanguinity implies relationships at the level of generally accepted moral norms, formed over centuries of the existence of humanity as a whole and in a particular cultural society. In other words, in relation to close relatives we are responsible not only before the law, but also before our conscience. Let's say a mother who provides inadequate care for her child, posing a threat to his life and health, is subject not only to severe punishment by law, but also to censure from society.
The closest relatives according to the law are not blood relatives, the connections between whom arose as a result of the adoption of children. In accordance with family law, an adopted child is automatically considered a close relative, despite the complete absence of consanguinity. That is why marriage relationships and any forms of close relationships are strictly prohibited between adoptive parents and adopted children, except for relationships at the “parent-child” level. This is again dictated by accepted norms of morality and morality, because no normal parent a priori would incline their child to cohabitate.

Not every blood relative will be considered close. The law has its own view of kinship ties from the point of view of family relations. For example, although great-grandparents are blood relatives to their great-grandchildren and great-granddaughters, they are not considered close.
First and second cousins of family members descended from a common ancestor are not recognized as close ones.

Rights and obligations arising from the concept of close relationship

The concept of close kinship in family law is not defined by chance.

Any connections between people, whether by virtue of kinship or by virtue of law, entail the emergence of certain rights and obligations.

The responsibilities of first degree relatives are as follows:

providing proper care, education and training for their children;
caring for elderly parents;
responsibilities arising from the marital relationship of the spouses.

In case of evasion of direct responsibilities, the law provides for measures of influence on negligent relatives, such as:

deprivation (limitation) of parental rights;
recovery from the parent of maintenance for minor children, and from children - for the maintenance of parents (alimony), in some cases, for one of the spouses;
establishing the origin of children.

As measures to protect and ensure the future of children left for any reason without parental care, the following measures are provided:

the possibility of adopting a child;
registration of guardianship;
protection of the rights of a minor and the possibility of the state accepting responsibilities related to the maintenance and upbringing of the child.

Close relatives in inheritance

Close family ties established by law make it possible to obtain certain rights.

According to the Family Code of the Russian Federation, close relatives have an almost undeniable right to accept the inheritance of a deceased blood relative.

In the case of inheritance, the concept of these persons is framed somewhat differently.

First-degree relatives are: spouse, children, including adopted children, and parents of the deceased. This is a comprehensive list by law. Grandparents, brothers and sisters, who are classified as close relatives by the Family Code of the Russian Federation, are called upon to be part of the second line of heirs by law during inheritance.

Differences in concepts in branches of law

The concept of close relatives is also found in other branches of law.

In contrast to the “Family Code of the Russian Federation,” criminal legislation, with its separate provisions, classifies the husband and wife, as well as their blood relatives, as close relatives.

The position of the branch of administrative law does not define the exact concept of such kinship, but rather suggests some intermediate option, close to the concept of close relatives according to the Family Code of the Russian Federation. The codified tax act fully agrees with this legal act and often its norms refer specifically to it.

Close relationships leading to violation of the law

Close family ties in transactions are often fictitious.

It is unlikely that a mother will sell her son (or vice versa) an apartment for its full market value. Since the fact of the transfer of funds cannot be established, the purchase and sale agreement may indicate an underestimated price for the purchased property.

This trick is usually used when it is necessary to reduce property taxes from the sale of real estate.

If real estate that is sold by one relative to another was owned for five or more years before the sale, then the seller is exempt from paying a thirteen percent tax on the income received.

However, there is one significant caveat. The sale price of real estate should not be lower than the cadastral value of the property.

When contemplating dishonest transactions, you should understand that if they are discovered, the state will definitely punish you.

You will not only have to pay tax on the actual value of the property, but also penalties.

In some cases, the transaction may be declared invalid and cancelled.

Conclusion

It is important to understand that the concept of close kinship is defined by our family law to protect the rights of consanguineous relatives and adopted children, and not for personal gain and avoidance of responsibility.

Source

Source: https://zakon.temaretik.com/1698618536380860628/blizkie-rodstvenniki-po-semejnomu-kodeksu-rf/

Legal responsibility and rights of close relatives

If everything is clear with the list of subjects who are considered close relatives by law, then in the aspect of mutual rights and obligations it is necessary to understand further.

The most important legal relations that can arise from close kinship are the following.

Alimony. They can arise when parents divorce or when the mother/father is incapacitated (in which case the children pay alimony to the parent), and if not properly executed, they can entail liability in the form of freezing a bank account, forced labor, restriction of freedom, etc.
Entry into inheritance rights. Relatives of the first and second order are considered as heirs by law.
Deprivation of parental rights, their restriction.
Parental benefits. For example, a tax deduction for a child, exemption from personal income tax for a gift of property to a relative.
The right to refuse to testify against a loved one in an administrative or criminal case without the threat of legal liability for refusal.

Legal responsibility and rights of close relatives

Close relatives according to the civil code

Article 2 of the RF IC designated the subject of legal regulation of the industry as legal relations between family members (spouses, children, parents) and other relatives. Based on this definition, it seems that the concept of “relative” is broader in content than “family member”.

Many people are interested in whether the mother-in-law is a close relative under the law. The answer is clearly negative.

However, if they live together, a family member can be considered a mother-in-law/mother-in-law, father-in-law/father-in-law, stepson/stepdaughter, stepfather/stepmother, or non-relative dependent.

The category “family member” is significant for family law, housing law, and such areas as social security law. Example: family members of the tenant have the right to move into the housing with him.

Within the framework of the RF IC, the circle of close relatives is defined in the context of circumstances that impede marriage. Here is who, according to the family code, is a close relative:

representatives of one family in a direct ascending-descending line of the family tree, regardless of the degree of distance;
adoptive parent, adopted person;
brother and sister who have at least one common parent.

Kinship between people in sociology is defined as relationships arising from consanguinity or marriage.

In private law, close relatives are blood relatives in ascending and descending lines who have a common ancestor. Spouses are not close relatives. Relationships of property arise between them, developing on the basis of marriage. In-laws are also mother-in-law, mother-in-law, father-in-law, and father-in-law.

The Family Code of the Russian Federation introduces the concept of “family members” and defines the circle of persons related to them.

Family members are husband, wife and their children or adoptive parents and adopted child. Grandparents remain close relatives.

The difference between the concepts of “close relatives” and “family members”

Russian legislation often uses in its definitions not only the concept of “close relatives”, but also “family members”. What is the main difference between these two interpretations? 1. Close relatives. These are our ancestors along horizontal and vertical lines based on the principle of common kinship (by blood). 2. Family members. According to the Constitution of the Russian Federation, family members include all persons who share the same home with you. The concept of “family members” is most often used in the Housing Code, and, as you understand, this term covers a large category of citizens who may not be your direct relative. The following types of citizens do not apply to any of the above concepts:

Spouses in a civil marriage.
The husband's brother or the brother's wife.
Guardians.

Although, despite the lack of kinship and blood ties between adopted children and adoptive parents, they are part of a group of close relatives.

But, as with any other rule, there are also exceptions. I would like to immediately note that close relatives do not include great-grandmother and great-grandfather, even though they have a blood connection. The same applies to relatives, aunts, uncles, cousins. That is, the closest people to us are primarily relatives in a direct descending or ascending line.

Who is related?

Constitution

The Family Code contains the fundamental definition of relatives for most legal acts, including the Constitution.

Administrative legislation

Close relatives are defined in the same way as in the RF IC.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Criminal procedural law

Determining the circle of immediate relatives is important for the criminal process. Close relatives have the right not to testify against each other during the preliminary investigation and in court. In addition to those listed above, the Code of Criminal Procedure of the Russian Federation includes spouses in this category.

Housing legislation

Identifies family members: spouses, children and parents, as well as persons who are not even related by blood, but live in the same residential area.

The concept of “close relatives” is absent in the Housing Code of the Russian Federation.

Who has the legal right to the deceased's inheritance if there is a will?

Tax law

For tax purposes, the same concept is used as contained in the Family Code of the Russian Federation.

Tax benefits are provided for close relatives:

transactions related to the receipt of income are not taxed;
gifts and inheritances are not taxed;
the size of the state duty when registering an inheritance is reduced (0.3% instead of 0.6%).

Attention! Calculator for calculating state duty under Art. 333.19 and Art. 333.21 Tax Code of the Russian Federation

Family Code norms

The Family Code is the main law governing family relations.

The Family Code establishes

conditions and procedure for entry, termination and annulment of marriage;
regulates personal relationships within the family;
establishes the procedure for placing children without parental care into families.

Family, motherhood, paternity and childhood in the Russian Federation are under the protection of the state.

Regulation of family relations is carried out in accordance with the principles:

voluntariness of marriage;
equality of rights of spouses in the family, resolution of intrafamily issues by mutual consent;
ensuring priority protection of the rights and interests of minors and disabled family members;
prohibition of any form of restriction of the rights of citizens upon marriage based on social, national, linguistic or religious affiliation.

The rights of citizens in the family can be limited only on the basis of federal law and only to the extent necessary in order to protect the legitimate interests of individuals.

Relation degree

Disputes often arise when inheriting property between relatives. It is extremely useful to understand how to determine the degree of relationship in a family, because it determines the priority right of some heirs over others.

Based on the presence of family ties, direct and indirect kinship are distinguished, and according to degree, close and distant.

A straight line can be ascending or descending. The difference from indirect kinship is that with indirect kinship, several individuals are descended from common ancestors. With a straight line, the connection is obvious, for example, father and son.

Based on the presence of consanguineous ties, consanguineous, that is, close, and distant kinship are distinguished. It should be noted that direct relationships include first degree (parents and children) and second degree (grandparents and grandchildren). As for lateral kinship, a clear example of it are brothers and sisters.

The degree of kinship is determined by the number of births by which relatives are separated from each other:

To the first degree, the law includes those who are directly related by blood and are separated by one birth - these are parents and children. Here you need to take into account that an adopted child is automatically considered a first-degree relative, despite the complete absence of consanguinity. In the family, he will have the same rights and responsibilities as those provided for natural children.
The second degree of kinship includes people separated by two or more births. For example, grandparents and their grandchildren.
The third includes great-grandparents and great-grandchildren, as well as uncles and aunts in relation to nephews.
Great-grandparents relative to great-nephews will already be in the fourth degree of kinship.

Are they close relatives?

Close relatives are direct ancestors or descendants along vertical and horizontal lines, related by the principle of common blood. We will reveal in what cases and who is a close relative under the law

Spouses

The status of spouses should be given special attention. According to family law, husband and wife are not related by blood and are members of the family.

Marriage is a legal union that comes with many privileges, including:

in the absence of a will, the widow or widower is the first priority claimant to the inheritance;
everything that is acquired by a husband or wife during their legal marriage belongs to them on equal rights, regardless of who acquired it and with what means.

Other relatives:

Source: https://prioritetspb.ru/2018/04/kto-otnositsya-k-rodstvennikam/

Are they close relatives...

…husband and wife

However, marriage is a special type of relationship, secured by a special document (marriage certificate), a legal union that implies many privileges, including:

Right of inheritance. In the absence of a will, the widow or widower is the first priority claimant to the inheritance along with the children and parents of the deceased, despite the lack of blood relationship;
Joint marital property. Everything that is acquired by a husband or wife during their legal marriage belongs to them on equal rights, regardless of who acquired it and with what means. If necessary, joint property can be divided equally.

Adult citizens of different sexes can enter into marital relations, except in cases...

one of them is legally married;
presence of blood relationship (mother and son, father and daughter, grandfather and granddaughter, grandmother and grandson, brother and sister);
the existence of a relationship between an adoptive parent and an adopted child;
one of them has incapacitated status;

...ex-spouses

Former spouses, that is, husband and wife who have legally dissolved their marriage, lose all relations with each other. They are no longer family members and do not have the special privileges that the law grants to spouses.

…grandmother

The grandmother is a close relative for her grandson and granddaughter in accordance with Article 14 of the RF IC and other legislative acts.

A grandfather, like a grandmother, is a close relative to a grandson and granddaughter.

A grandson and granddaughter are a close relative to the grandparents on the father's or mother's side.

This is interesting: Forced dismissal, Article 77 of the Labor Code of the Russian Federation

...mother-in-law

The father-in-law and mother-in-law are not relatives - in relation to the daughter-in-law, father-in-law and mother-in-law - in relation to the son-in-law. The law calls such relationships a property. This category also includes the relationship between stepfather, stepmother and stepson, stepdaughter, as well as other relationships. However, relatives can be considered family members.

…brother or sister

Full-born (born from a common father and mother) and not full-born (born only from a common father or only from a common mother) are close relatives.

…cousin or brother

Unlike siblings, the law does not classify cousins as close kinship. For example, if we are talking about inheritance, then they relate only to the third line of heirs, and then only by right of representation instead of the aunt or uncle of the deceased.

...brother's wife or wife's brother

The wife of a brother or sister, the brother or sister of a wife - there are no relations of consanguinity between these persons, but there are relations of property arising from a marriage between relatives.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Who is a close relative under Russian law?

A person plays many social roles in life, interacts with people, builds relationships. It happens that people who are not related to each other by blood become truly close.

They are the ones who support and help in difficult times, but, from the point of view of the law, their legal rights are significantly limited.

Who is a close relative under the law? Not a single regulatory document contains a clear answer to this question, because each situation has its own specifics.

Family or close relatives

The list of citizens who are considered close relatives is given in Article 14 of the Family Code of the Russian Federation . Interestingly, the need for this definition arises from the circumstances that prevent marriage.

According to the Family Code of the Russian Federation, three generations of persons related by blood ties are considered close:

grandmothers, grandfathers;
parents (including official adoptive parents);
children (natural and adopted)
full and half (only by father or mother) brothers and sisters.

Other relatives (uncles, aunts, cousins, great-grandparents) are not considered close relatives. Accordingly, their legal powers are significantly limited. But the law allows you to marry distant relatives without any hindrance.

Marital relations from a legal point of view

In society, husband and wife are usually considered as the closest people to each other. But, based on the norms of the Family Code, they are not. The relationship between spouses is not blood, but rather contractual. The law defines them as inherent.

Article 2 of the RF IC classifies spouses not as relatives, but as family members. Marital relationships in various areas of law are negotiated separately.

For example, the other half has the right to claim inheritance along with close relatives.

But such a privilege is given only for the period of marriage: if the husband and wife were divorced at the time of the death of one of them, then all rights to someone else’s property are lost.

Characteristics also include:

parents of spouses;
daughter-in-law;
son-in-law

Civil marriage

Cohabitation does not imply the emergence of common property. Lovers build relationships on trust that is not backed up from a legal point of view. The legislation does not classify such connections as either close relatives or family members.

The only option when people have financial obligations is to have a child together. A little person has the right to financial support from both parents, even if they decide to separate.

tax code

Citizens turn to tax law when concluding property transactions. In terms of determining the circle of close relatives, the Tax Code of the Russian Federation agrees with the norms of family law. Tax legislation classifies spouses as interdependent persons ( Article 105.1 of the Tax Code of the Russian Federation ).

What are the features of concluding transactions between the above categories:

Giving. Close relatives, as well as spouses who received property as a gift, are exempt from paying personal income tax. While citizens who are not related to the donor will have to pay all taxes in full upon donation.
Inheritance of property. Clause 18 of Art. 217 of the Tax Code of the Russian Federation , heirs are exempt from paying income tax. Close relatives enjoy benefits on a general basis and are first in line to receive an inheritance.
Purchase and sale. If a transaction occurs between close relatives, then neither party pays personal income tax. However, such a transaction between related persons (husband and wife) is subject to taxation on a general basis.
The state duty upon receipt of an inheritance is paid by all categories of heirs. Only the size of the payment depends on the degree of relationship: 0.3% of the value of assets is paid by close relatives, 0.6% by other heirs.

Receiving an inheritance by will

The owner of the assets has the right to dispose of the property at his own discretion ( Article 62 of the Civil Code of the Russian Federation ).

The heirs may include blood relatives, acquaintances, friends or charitable foundations.

But there is a certain category of persons who have the right to an obligatory share of the inheritance. These are disabled close relatives, as well as minor children.

Labor law

Article 128 of the Russian Labor Code allows for leave without pay if a loved one has died. However, the document does not clearly define the term “close relatives”. It is advisable for enterprises to indicate in the collective agreement those categories of relatives at whose funeral such leave is provided.

A lot of controversy in 2021 was caused by an amendment to the Labor Code, which lifted the ban on close relatives working together. The final decision on this issue now belongs to the company management. The changes to the Labor Code were initially aimed not at limiting the rights of entrepreneurs, but at creating favorable conditions for successful work.

However, restrictions on joint work still apply to government employees. Officials who are closely related are prohibited from working under each other. In order not to create legal conflicts, employees of government agencies are provided with special working conditions, which may not comply with the general provisions of labor law.

Criminal law

Unlike previous legislative documents, the Code of Criminal Procedure contains a clear list of persons who can be called close relatives ( Article 5 of the Code of Criminal Procedure of the Russian Federation ):

grandparents;
grandchildren;
parents (adoptive parents);
children (natural and adopted);
spouses;
siblings.

Legislators believe that close relatives are interested in the fate of a person suspected of a crime, and therefore have the right to refuse to testify against him. If relatives deem it necessary to act as eyewitnesses, then the investigator is obliged to warn them about the possible consequences. The information will be added to the criminal file as evidence.

The right not to testify against loved ones is reserved for citizens in the Code of Administrative Offences. In particular, Art. 25.12 of the Code of Administrative Offenses of the Russian Federation prohibits relatives from participating in court hearings as experts.

Article 95 of the Code of Criminal Procedure of the Russian Federation contains a reference to the fact that the investigator is obliged to notify close relatives of the suspect about his detention within 12 hours.

Written notice is sent by mail to record the date and time of departure.

If the suspect wishes to hide the fact of detention from relatives or there is no information about the whereabouts of relatives, then a corresponding certificate is drawn up.

Close relatives and military service

Military personnel do not have the right to leave the unit without permission, but military personnel also have relatives. Family members of military personnel include:

spouses;
minor children;
incapacitated children over 18 years of age;
students under 23 years of age studying full-time;
other dependents.

A serviceman is granted leave with monetary benefits if emergency events occur in his family. For example, the serious condition of a blood relative or spouse.

In everyday life, people are often referred to as close relatives. However, in legal practice the interpretation of this concept is far from clear. The situation has to be considered separately in each case, based on the norms of legislation regulating a certain area.

Source: https://legal03.ru/kto-yavlyaetsya-blizkim-rodstvennikom-po-zakonodatelstvu-rf/