1. If there is mutual agreement to dissolve the marriage of spouses who do not have common minor children, the dissolution of the marriage is carried out in the civil registry office. 2. Divorce at the request of one of the spouses, regardless of whether the spouses have common minor children, is carried out in the civil registry office, if the other spouse: is recognized by the court as missing; recognized by the court as incompetent; convicted of committing a crime to imprisonment for a term of over three years. .
3. Divorce and the issuance of a certificate of divorce are carried out by the civil registry office after a month has passed from the date of filing the application for divorce.
4. State registration of divorce is carried out by the civil registry office in the manner established for state registration of civil status acts.
Divorce in the registry office: procedure, procedure, step-by-step instructions
1. GENERAL PROVISIONS
1.1. This Privacy Policy regarding the processing of personal data of users of the site https://www.dvitex.ru/ (hereinafter referred to as the Privacy Policy) was developed and applied by Legal LLC, OGRN 1107746800490, Moscow, per. Golutvinsky 1st, building 3-5, office 4-1 (hereinafter referred to as the Operator) in accordance with paragraphs. 2 hours 1 tbsp. 18.1 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” (hereinafter referred to as the Law on Personal Data).
1.2. This Privacy Policy defines the Operator’s policy regarding the processing of personal data accepted for processing, the procedure and conditions for the processing of personal data of individuals who have transferred their personal data for processing to the Operator (hereinafter referred to as personal data subjects) with and without the use of automation tools, establishes procedures aimed at preventing violations of the legislation of the Russian Federation, eliminating the consequences of such violations related to the processing of personal data.
1.3. The privacy policy was developed to ensure the protection of the rights and freedoms of personal data subjects when processing their personal data, as well as to establish the responsibility of the Operator's officials who have access to the personal data of personal data subjects for failure to comply with the requirements and standards governing the processing of personal data.
1.4. Personal data of the Personal Data Subject is any information relating to a directly or indirectly identified or identifiable individual.
1.5. The Operator processes the following personal data of Users:
- Full Name;
- E-mail address;
- Phone number;
- other data necessary for the Operator when providing services to Users to ensure the functioning of the Site.
1.6. The Operator processes personal data of Personal Data Subjects for the following purposes:
- providing the opportunity for feedback from Operator Specialists on User requests;
- providing the possibility of online payment for services ordered on the Site;
- ensuring the fulfillment of the Operator’s obligations to Users;
- for market research purposes;
- informing the Personal Data Subject about promotions, competitions, special offers, new services, discounts, advertising materials and other services, as well as receiving commercial or advertising information and free products, participating in exhibitions or events, performing marketing research and notification of all special initiatives for clients;
- statistical purposes;
- for other purposes, if the corresponding actions of the Operator do not contradict the current legislation, the activities of the Operator, and the consent of the Personal Data Subject has been obtained for the said processing.
1.7. The operator processes personal data of personal data subjects by performing any action (operation) or set of actions (operations) performed using automation tools or without the use of such means, including the following:
- collection;
- record;
- systematization;
- accumulation;
- storage;
- clarification (update, change);
- extraction;
- usage;
- transmission (distribution, provision, access);
- depersonalization;
- blocking;
- deletion;
- destruction.
2. PRINCIPLES FOR PROCESSING PERSONAL DATA
2.1. When processing personal data, the Operator is guided by the following principles:
- legality and justice;
- confidentiality;
- timeliness and reliability of obtaining the consent of the subject of personal data for the processing of personal data;
- processing only personal data that meets the purposes of their processing;
- compliance of the content and volume of processed personal data with the stated purposes of processing. The personal data processed should not be redundant in relation to the stated purposes of their processing;
- the inadmissibility of combining databases containing personal data, the processing of which is carried out for purposes incompatible with each other;
- storing personal data in a form that allows identifying the subject of personal data for no longer than required for the purposes of processing personal data;
- destruction or depersonalization of personal data to achieve the goals, their processing or in case of loss of the need to achieve these goals.
2.2. The processing of personal data by the Operator is carried out in compliance with the principles and rules provided for:
- Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”;
- This Privacy Policy;
- Universal Declaration of Human Rights 1948;
- International Covenant on Civil and Political Rights 1966;
- European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950;
- The provisions of the Convention of the Commonwealth of Independent States on Human Rights and Fundamental Freedoms (Minsk, 1995), ratified by the Russian Federation on August 11, 1998;
- The provisions of the Okinawa Charter for the Global Information Society, adopted on July 22, 2000;
- Decree of the Government of the Russian Federation dated November 1, 2012 No. 1119 “On approval of requirements for the protection of personal data during their processing in personal data information systems”;
- Order of the FSTEC of Russia dated February 18, 2013 No. 21 “On approval of the composition and content of organizational and technical measures to ensure the security of personal data when processed in personal data information systems”;
- Other regulatory and non-regulatory legal acts governing the processing of personal data.
3. OBTAINING PERSONAL DATA.
3.1. Personal data of personal data subjects is obtained by the Operator:
- by providing the subject with personal data when registering on the Site, when submitting applications, applications, questionnaires, forms, filling out registration forms on the Operator’s website or sending by e-mail, messages by telephone to the Operator’s support service;
- by other means that do not contradict the legislation of the Russian Federation and the requirements of international legislation on the protection of personal data.
3.2. The Operator receives and begins processing the Subject’s personal data from the moment of receiving his consent.
3.3. Consent to the processing of personal data is given by the subject of personal data from the moment of starting to use the site, including by indicating about, through the performance of implied actions by the subject of personal data.
3.4. The subject of personal data may at any time withdraw his consent to the processing of personal data. To revoke consent to the processing of personal data, you must submit a corresponding application to the Operator via available means of communication. At the same time, the Operator must stop processing them or ensure the termination of such processing and, if the preservation of personal data is no longer required for the purposes of their processing, destroy personal data or ensure their destruction within a period not exceeding 30 (Thirty) days from the date of receipt of the specified review .
3.5. If the Personal Data Subject withdraws consent to the processing of personal data, the Operator has the right to continue processing personal data without the consent of the Personal Data Subject only if there are grounds specified in the Personal Data Law.
3.6. The subject of personal data has the right to choose what personal data will be provided to him. However, in case of incomplete provision of the necessary data, the Operator does not guarantee the subject’s ability to use all services and products of the Site, to use all services of the Site.
3.7. The personal data subject can view, update or delete any personal data included in his profile at any time. To do this, he can edit his profile online in his personal account or send an email to
4. PROCESSING PROCEDURE FOR PERSONAL DATA
4.1. The operator takes technical, organizational and legal measures to ensure the protection of personal data from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other unlawful actions.
4.2. When processing personal data, the Operator applies legal, organizational and technical measures to ensure the security of personal data in accordance with Art. 19 of the Federal Law “On Personal Data”, Decree of the Government of the Russian Federation dated November 1, 2012 No. 1119 “On approval of requirements for the protection of personal data during their processing in personal data information systems”, Methodology for determining current threats to the security of personal data during their processing in personal information systems data approved by the FSTEC of the Russian Federation on February 14, 2008, Methodological recommendations for ensuring the security of personal data using crypto-means when processing them in personal data information systems using automation tools approved by the FSB of the Russian Federation on February 21, 2008 No. 149/54-144.
4.3. To authorize access to the Site, a Login and Password are used. The subject of personal data is responsible for the safety of this information. The subject of personal data does not have the right to transfer his own Login and Password to third parties, and is also obliged to take measures to ensure their confidentiality.
4.4. When transferring personal data, the Operator complies with the following requirements:
- does not disclose the personal data of the subject of personal data to a third party without expressed consent, except in cases where this is necessary for the purposes of processing personal data, preventing a threat to the life and health of the subject of personal data, as well as in cases established by law;
- does not disclose personal data for commercial purposes without the expressed consent of the subject of personal data;
- informs persons receiving personal data that this data can only be used for the purposes for which it was communicated, and requires these persons to take appropriate measures to protect personal data. Persons receiving the User’s personal data are required to maintain confidentiality;
- allows access to personal data only to authorized persons, and these persons must have the right to receive only those personal data that are necessary to perform specific functions.
4.5. The Operator has the right to disclose any information collected about the User of this Site if disclosure is necessary in connection with an investigation or complaint regarding unlawful use of the Site, or to identify (identify) a User who may violate or interfere with the rights of the Site Administration or the rights of other Site Users, as well as to comply with the provisions of current legislation or court decisions, ensure compliance with the terms of this Agreement, protect the rights or safety of other Users and any third parties.
4.6. Third parties independently determine the list of other persons (their employees) who have direct access to such personal data and (or) process it. The list of these persons, as well as the procedure for access and/or processing of personal data by them, is approved by the internal documents of the Third Party.
4.7. The operator does not sell or provide personal data to third parties for marketing purposes not provided for in this Privacy Policy, without the express consent of the personal data subjects. The operator may combine anonymized data with other information received from third parties and use it to improve and personalize services, content and advertising.
4.8. Processing of personal data is carried out on the territory of the Russian Federation; cross-border transfer of personal data is not carried out. The operator reserves the right to choose any channels for transmitting information about personal data, as well as the content of the transmitted information.
4.9. Personal information collected online is stored by the Operator and/or service providers in databases protected by physical and electronic controls, access control technology and other appropriate security measures.
4.10. The personal data subject understands, confirms and agrees that the technical processing and transmission of information on the Operator’s Website may involve the transfer of data over various networks, including unencrypted communication channels on the Internet, which is never completely confidential and secure.
4.11. The personal data subject also understands that any messages and/or information sent through the Operator’s Server may be unauthorized read and/or intercepted by third parties.
5. FINAL PROVISIONS
5.1. In the event of any disputes or disagreements related to the implementation of these Rules, the Personal Data Subject and the Operator will make every effort to resolve them through negotiations between them. If disputes are not resolved through negotiations, disputes shall be resolved in the manner established by the current legislation of the Russian Federation.
5.2. This Privacy Policy comes into force for the Personal Data Subject from the moment he starts using the Operator’s Website and is valid for an indefinite period.
5.3. This Privacy Policy can be changed and/or supplemented by the Operator at any time during the validity period of the Rules at its discretion without the need to obtain the consent of the Personal Data Subject. All changes and/or additions are posted by the Operator in the appropriate section of the Site and come into force on the day of such posting. The subject of personal data undertakes to promptly and independently familiarize himself with all changes and/or additions. If the Personal Data Subject does not agree with the changes made, he is obliged to refuse access to the Site and stop using the materials and services of the Site.
Commentary on Article 19 of the RF IC
1. The commented article defines the grounds for divorce in the registry office, and also establishes the administrative procedure for the legal procedure for divorce. Based on the analysis of this article, the grounds and procedure for divorce in the registry office are closely interrelated.
Based on the principle of freedom of divorce, paragraph 1 of this article indicates the following grounds for divorce in the registry office: a) mutual consent to the divorce of the spouses; b) absence of common minor children. Only the totality of these circumstances provides the basis for state registration of divorce in the registry office.
In accordance with Art. 31 of the Law on Civil Status Acts, the beginning, i.e. The first stage of the administrative procedure of the legal procedure for divorce is the filing by the spouses of a joint application for divorce. According to Art. 32 of the Law on Acts of Civil Status, this application is submitted at the place of residence of the spouses (one of the spouses) or at the place of state registration of the marriage.
Based on clause 2 of Art. 33 of the Law on Acts of Civil Status, Decree of the Government of the Russian Federation of October 31, 1998 N 1274 approved Form N 8 of the application form for divorce by mutual consent of the spouses. In this application, the spouses must confirm their mutual consent to divorce and the absence of common children under the age of majority. The joint application must also indicate the following information: last name, first name, patronymic, date and place of birth, citizenship, nationality (indicated at the request of each spouse), place of residence of each spouse; details of recording the marriage deed; surnames chosen by each spouse upon divorce; details of identity documents of spouses. The reasons for the divorce of the spouses are not indicated in the application. Spouses wishing to dissolve the marriage sign a joint application using the surnames of which they are at the time of filing the application, and not those chosen by them after the dissolution of the marriage. The application must also indicate the date of its preparation. Along with the application, spouses must submit documents confirming payment of the state fee for state registration of divorce, including the issuance of certificates. In accordance with Art. 333.26 of the Tax Code of the Russian Federation, the state duty is paid in the amount of 200 rubles. from each spouse.
In the event that one of the spouses is unable to appear at the registry office to submit an application, the will of the spouses can be formalized in separate applications for divorce. The signature of such an application by a spouse who is unable to appear at the registry office must be notarized (clause 3 of article 33 of the Civil Status Act). The authenticity of the signature can be certified: by a notary working in a state notary office (Article 36 of the Fundamentals of Legislation on Notaries); a notary engaged in private practice (Article 35 of the Fundamentals of Legislation on Notaries); head of the local administration of the settlement; a specially authorized official of the local government of the settlement in the absence of a notary in the locality (Article 37 of the Fundamentals of Legislation on Notaries) in accordance with Order of the Ministry of Justice of Russia dated December 27, 2007 N 256 “On approval of the Instructions on the procedure for performing notarial actions by the heads of local administrations of settlements and specially authorized officials of local self-government of settlements.”
The absence of common minor children must be confirmed by the spouses by presenting their passports. It should be borne in mind that an obstacle to divorce by mutual consent of the spouses in the registry office is the presence of only common minor children or adopted children, who are equated in accordance with Art. 137 of the RF IC to relatives by origin. A common child of the spouses is also the one in respect of whom one spouse is the parent by origin, and the other is the adoptive parent, i.e. stepfather or stepmother. If one of the spouses has a minor child whose parent or adoptive parent is not the other spouse (for example, a child from a previous marriage or a child born out of wedlock), then this circumstance is not an obstacle to dissolving the marriage in the registry office.
2. Other grounds for initiating an administrative procedure for the legal procedure for divorce are provided for in paragraph 2 of the commented article. In this case, the will of only one of the spouses is expressed, regardless of the presence of common minor children, since the other spouse: is recognized by the court as missing; declared incompetent by the court; convicted of committing a crime to imprisonment for a term of over three years.
Recognition of a citizen as missing is provided for by the provisions of Art. Art. 42 - 44 of the Civil Code of the Russian Federation, according to which a citizen can, at the request of interested parties, be recognized by the court as missing if during the year there is no information about his place of residence at his place of residence. Cases on recognition of a citizen as missing are considered by courts of general jurisdiction in accordance with the procedure of special proceedings according to the rules of Chapter. 30 Code of Civil Procedure of the Russian Federation. It is the right of the other spouse to apply to the court to recognize the other spouse as missing, but the absence of a court decision in this category of cases provides grounds for the registry office to refuse to accept the application from the other spouse. At the same time, the judge does not have the right to refuse to accept this spouse’s claim for divorce; he must consider the claim on a general basis (clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 No. 15). In the event of the appearance of a spouse recognized by the court as missing, the issue of restoring the marriage is resolved in accordance with the rules of Art. 26 of the RF IC (see commentary to Article 26 of the RF IC).
Recognition of a citizen as incompetent is provided for in paragraph 1 of Art. 29 of the Civil Code of the Russian Federation, according to which a citizen who, due to a mental disorder, cannot understand the meaning of his actions or control them, may be declared incompetent by the court in the manner established by civil procedural legislation (Chapter 31 of the Civil Procedure Code of the Russian Federation). Guardianship is established over him.
It should be borne in mind that a spouse can apply to the registry office for divorce only if the other spouse is sentenced to imprisonment for a term of more than three years for committing a crime. Moreover, if one of the spouses is sentenced for committing a crime to imprisonment for a term of three years or less than three years, or the sentence has not entered into legal force, or the person, although sentenced to a term of more than three years, but at the time of the other party’s application to the registry office is released on parole (Article 79 of the Criminal Code of the Russian Federation), or the person, although sentenced to a term of over three years, is exempt from punishment due to illness (Article 81 of the Criminal Code of the Russian Federation) at the time the other party applies to the registry office statute of limitations for a court conviction (Article 83 of the Criminal Code of the Russian Federation), or the court deferred the serving of the sentence for the persons listed in Art. 82 of the Criminal Code of the Russian Federation, or a person is punished by restriction of freedom regardless of the appointed term (Article 53 of the Criminal Code of the Russian Federation), or a person, although sentenced to a term of over three years, at the time the other party applies to the registry office, is exempt from punishment due to an amnesty or pardon, marriage can be terminated at the request of the other spouse only in court.
It is necessary to take into account that cases of divorce with persons sentenced to imprisonment are considered, if these cases are within the jurisdiction of the court, in compliance with the general rules on jurisdiction. If a claim for divorce from a person sentenced to imprisonment is accepted by the court for proceedings in accordance with Art. 28 of the Code of Civil Procedure of the Russian Federation, then one must proceed from the last place of residence of the specified person before his conviction (clause 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 No. 15).
These grounds should be considered as an exception to the general rule, and their list is exhaustive. This means that due to other circumstances, the marriage cannot be dissolved by the registry office at the request of one of the spouses. Therefore, the court recognized the other spouse as limited in legal capacity due to alcohol or drug abuse, as a result of which the family finds itself in a difficult financial situation, in accordance with Art. 30 of the Civil Code of the Russian Federation is not a basis for divorce in the registry office at the request of the other spouse (clause 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 No. 15). Divorce on claims brought against these persons, as well as on claims of these persons, is carried out in accordance with the general procedure.
Thus, the basis for starting the legal procedure for administrative divorce in these cases is, firstly, an application filed by one of the spouses, and secondly, depending on the circumstances, a court decision (sentence) that has entered into legal force in relation to the other spouse, if he is recognized by the court as missing, recognized by the court as incompetent, or sentenced to imprisonment for a term of more than three years for committing a crime (Article 31 of the Civil Status Law).
The application form for divorce from one of the spouses in Form No. 9 was approved by Decree of the Government of the Russian Federation of October 31, 1998 No. 1274 on the basis of clause 2 of Art. 34 of the Law on Civil Status Acts. The application for divorce must indicate the following information: last name, first name, patronymic, date and place of birth, citizenship, nationality (indicated at the request of the applicant), place of residence of the spouse wishing to divorce; grounds for divorce established by paragraph 2 of the commented article; last name, first name, patronymic, date and place of birth, citizenship, last known place of residence of the other spouse; details of recording the marriage deed; the surname chosen by the spouse who wishes to dissolve the marriage; details of the identity document of the spouse wishing to divorce; the place of residence of the guardian of the incapacitated spouse or the administrator of the property of the missing spouse or the location of the institution executing the sentence in which the convicted spouse is serving his sentence. The spouse who wishes to dissolve the marriage signs the application and indicates the date of its preparation. In these cases, in accordance with paragraph 1 of Art. 333.26 of the Tax Code of the Russian Federation, the state duty is paid in the amount of 100 rubles. from a spouse who wishes to dissolve the marriage. Documents are submitted at the place of residence of the spouses (one of the spouses) or at the place of state registration of marriage (Article 32 of the Civil Status Law).
3. Paragraph 3 of the commented article establishes a general rule that does not depend on the grounds for divorce in the registry office: the date of state registration of divorce is set after a month from the date of filing by both spouses of a joint application and an application submitted by one of the spouses, by virtue of clause. 2 tbsp. 19 RF IC.
It should be borne in mind that the one-month period is not set for the registry office to study the motives that prompted the spouses to dissolve the marriage, because the registry office performs only the registration function of civil status acts, defined by Art. 47 Civil Code of the Russian Federation. The specified period was established in the interests of the spouses so that during this period they could once again consider the legal consequences of divorce for each of them, and, if possible, reconcile. Consequently, we can conclude that the spouses who filed the application for divorce are not bound by the fact of its filing as an obligation, therefore they have the right to change their decision within this period and refuse to dissolve the marriage.
According to Art. 191 of the Civil Code of the Russian Federation, the month period begins the next day after the spouses submit an application for divorce to the registry office and ends on the corresponding date of the last month of the period (clause 3 of Article 192 of the Civil Code of the Russian Federation). If the end of the period falls on a month in which there is no corresponding date, then the period expires on the last day of this month (clause 3 of Article 192 of the Civil Code of the Russian Federation). And if the last day of the period falls on a non-working day, the end of the period is considered to be the next working day following it (Article 193 of the Civil Code of the Russian Federation). In contrast to the deadline for filing an application for marriage and registering it, the legal monthly period for divorce can neither be shortened nor increased by the registry office. However, as noted in the legal literature, if for some reason the spouses cannot appear at the registry office on the day assigned to them to formalize the divorce, then, at their joint request, the date of state registration of the divorce may be postponed to another time <1>.
——————————— <1> See: Pchelintseva L.M. Family law of Russia. M., 1999. P. 145.
For divorce on the grounds of paragraph 2 of the commented article, the law establishes additional requirements. According to paragraph 4 of Art. 34 of the Law on Acts of Civil Status, the registry office that accepted the application for divorce, notifies within three days the spouse serving a sentence, or the guardian of the incapacitated spouse or the property manager of the missing spouse, and in their absence, the guardianship and trusteeship authority about the received application and the date, appointed for state registration of divorce. If a marriage is dissolved with a spouse who is incompetent or sentenced to imprisonment for a term of more than three years, the notice also indicates the need to inform, before the date appointed for state registration of the divorce, the surname that he chooses upon dissolution of the marriage.
4. In paragraph 4 of the commented article it is determined that the procedure for state registration of divorce is carried out by the registry office in the manner established for state registration of acts of civil status. The Law on Acts of Civil Status specifies this provision, and an analysis of its norms allows us to conclude that the second stage of the administrative procedure for the legal procedure for divorce on the grounds of paragraphs 1 and 2 of the commented article is the state registration of divorce by the registry office. At this stage, representatives of the registry office do not take measures to reconcile the spouses; they only issue a state registration act. It should be noted that if the state registration of a marriage requires the personal presence of both spouses, then the state registration of a divorce requires the presence of at least one of them. Divorce through a representative is not permitted.
The final stage of the administrative procedure for divorce is the issuance of a certificate of divorce to each of the persons divorcing the marriage (Articles 37, 38 of the Civil Status Law). In passports or other identification documents of those who have divorced, a note about divorce is made in accordance with clause 5 of the Regulations on the passport of a citizen of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 8, 1997 N 828. If the state registration of divorce was carried out in the absence of one of spouses, then a note about divorce in his passport or other identity document is made by the registry office when issuing him a certificate of divorce.
