Who are relatives according to the law list

Status of relatives and spouses in family law

Who are close relatives is clearly stated in the Family Code

It is important to understand what is hidden behind the category of “close relatives” simply because we come across this concept too often when it comes to other federal laws. The Family Code states that close relatives are parents and children, grandparents, as well as grandchildren and other relatives in the direct and ascending line - these are full or half brothers and sisters. They are highlighted separately, but nevertheless included in the general circle.

Since this term is spelled out in an article related to certain obstacles that may prevent marriage, it also mentions adoptive parents and adopted children who are not allowed to marry each other. But they are no longer considered relatives. Separate attention is paid to the status of spouses. They cannot be related by blood, therefore a relationship arises between them. They also affect relatives of both spouses. However, husband and wife are only members of the family, which includes parents and children. Therefore, this unclear status of the father or mother causes some problems when it comes to other branches of law.

The lack of clarity in the wording means it affects so many people in the simplest of situations. For example, a son-in-law cannot send a currency transfer to his mother-in-law as a close relative, since she is not considered such. But other legal documents do not provide a clear answer.

Definition under housing legislation

An accurate explanation of the phrase “family member” is required to resolve many controversial issues. Often, to clarify this issue, they turn to family law, and sometimes to court. This term is clearly defined in housing legislation for receiving any benefits: subsidies, benefits, apartments. (Housing Code of the Russian Federation, Art. 31).

Family relations of the homeowner are associated with a group of people:

1. Spouse.
2. Children.
3. By parents.

At the same time, they must live in a common living area and run a joint household. Grandfathers and grandmothers, granddaughters and grandchildren, brothers and sisters are only relatives.

Sometimes it is necessary to determine the status of a person living in an apartment in order to know his rights to living space. Often this task arises during divorces and changes in the place of residence of one of the spouses. According to the Housing Code, a spouse living separately is not bound by family relations.

Family members and relatives in criminal law

Sometimes it is money issues that affect the concept of “kinship”

In this matter, the Criminal Code is more focused on the Constitution of the country and therefore there is a clear list. The law interprets that a person may not testify against himself, his spouse or close relatives. Their circle is defined by law and includes spouses, their parents and children, including adopted children. This also includes siblings, as well as grandfathers, grandmothers and grandchildren.

The Civil Code classifies not only parents and children as relatives, but also brothers and sisters. Here, as in criminal law, why are there no half-brothers and sisters? When an arrest or even detention of a suspect occurs, close relatives must be notified about this within half a day, which raises a number of questions. After all, the suspect can only have family members nearby, and relatives live not only in another region, but also in the country.

After a divorce, it is close relatives who have the priority right to communicate with the child. True, this is not prohibited for other relatives and family members, unless the matter is about deprivation of parental rights. An interesting fact is that they made a relaxation for military personnel and father-in-law, mother-in-law, father-in-law and mother-in-law fell under the category of close relatives. Therefore, it is possible that some amendments will be made to the Criminal Code.

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Who can become a family member

Housing legislation differs from matrimonial legislation in the wording of the name “family member”. According to the interpretation of the Housing Code of the Russian Federation, such a person must permanently reside with the owner of the apartment, have a residence permit, and lead a common life.

Therefore, such persons for the owner of a living space can be his relatives:

1. Brothers or sisters.
2. Grandfathers or grandmothers.
3. Aunts or uncles.
4. Other relatives.
5. Persons who are not relatives, but are moved into the housing area as family members of the owner of the property, live with him and lead a joint household.

Almost any outsider can become a participant in the family relations of the owner of the premises.

Close relatives in tax, housing, labor law

Taxation could not help but touch upon the term “close relatives,” since they also fall under an article of the Tax Code. One of them states that transactions between close relatives cannot be taxed. In addition, based on the Family Code, tax authorities will not charge an additional fee if the income was received as a gift, but only in the case of close family ties. This includes not only siblings, but also family members.

Nevertheless? you have to pay a notary fee and its amount depends largely on the degree of relationship. For loved ones it will be 0.3 percent if the total amount does not exceed one hundred thousand rubles. For other relatives it will cost twice as much, but the total amount should not exceed a million rubles.

It is interesting that in the Housing Code the concept of a close relative is virtually absent. But the term “family member” occupies a dominant place. Not only spouses and their children are considered such, but also the owner’s parents, especially if they live together. Moreover, if the owners voluntarily move in a third person, then he too becomes a member of the family, although he will not have family ties. This partially affects dependents who are unable to work and non-adopted individuals.

This issue is not clearly spelled out in the Labor Code. True, one of the articles allows you to take unpaid leave due to the death of close relatives. Therefore, distant relatives or close family members are not mentioned and each employer is inclined to interpret the article as he wants. After all, even spouses are not included in it.

In addition, close relatives cannot, for example, work together in municipal institutions, especially subordinate to each other. If someone close to you is serving a sentence or has already served it, this leads to the fact that you may not pass the test when the opportunity to get a job arises. This applies most of all to the banking sector and law enforcement agencies. Such discrepancies in codes can be both useful and harmful if a controversial situation arises and it needs to be resolved legally.

Who is an in-law

Family law of the Russian Federation defines it as the presence of an ascending or descending direct direction (parent and child, adopted children, grandchild, grandparents, and blood ties with one of the child’s parents are required). There are also different types of consanguinity:

• One generation (for example, brother and sister).
• Adjacent generation (for example, parent and child).
• A generation later (for example, grandfather and grandson).

There are blood relationships between brother and sister, these include:

• Full kinship (this type implies common parents).
• Not full-blood relationship (this type means that the family only has a common mother or a common father).

The Housing Code includes not only close relatives in accordance with the IC, but also spouses. The main reason for classifying all these people as family members is their cohabitation. Tax Code Tax legislation is consistent with family law and does not include husband and wife as close relatives.

At the same time, the Tax Code in its text uses not only this category, but also the term “family members”. This document fixes the rules that profits received as a result of transactions carried out between close relatives cannot be taxed, as well as income received as a gift between these people. Conclusions Thus, even in the legislation there is no consensus on the definition of the circle of persons included in close relatives.

However, according to family law, marriage is the basis for a special kind of legal relationship, which excludes the possibility of considering a husband and wife as in-laws. Questions and answers Natalya, 34 years old: Is it possible to marry someone in-law? Answer: According to current legislation, marriage with a relative up to the fourth line is impossible.

Oleg, 25 years old: What relatives of my wife are related to me? Answer: In-laws include all the wife’s relatives who are related to her by blood. Among them: the wife's parents, brothers, sisters, the wife's grandparents, children from the wife's previous marriage, uncles and aunts, etc.

Irina, 30 years old: In what legal act can you find the definition of in-laws? Answer: In the current legislation of the Russian Federation there is no specific definition of the concept of in-law.

Owner: who is this? Usually in colloquial speech, in everyday life, we understand the words “brother-in-law” or “in-law” as a relative of the wife/husband. That is, this person is not a blood relative to us, but by virtue of marriage he is a member of our family. In jurisprudence, a relative is none other than the relatives of one of the spouses for the other spouse.

This definition is based on the concept of “property”, which is enshrined in family law as “the relationship between the relatives of each spouse.” Thus, property relations arise as a result of marriage. According to Letter of the Ministry of Finance of the Russian Federation dated June 6, 2013 N 03-04-05/20968, not only those relations that arise between the spouse and the relatives of the second spouse, but also the relations directly between the relatives of the spouses themselves can be classified as characteristic.

• The presence of inherent kinship is important. This form of family union involves relationships on a contractual basis. Moreover, this type of relationship is registered on a legislative basis. That is why consanguinity is excluded.
• The presence of inherent connections is observed between the following persons:
• Husband and wife.
• Father-in-law and mother-in-law, mother-in-law and father-in-law.
• Son-in-law and daughter-in-law.
• Stepmother and stepfather.

The main legal relationships that constitute Family Law:

1. Spouses have options and obligations regulated by federal law (for example, Criminal Law allows not to testify against a spouse).
2. When distributing inherited property, the spouse is not a close relative.

If there is a will, the spouse cannot claim ownership.

In russian language

Main article: Kinship § Property

In Russian, the following terms are used to denote properties:

• Father-in-law is the father of the husband.
• Mother-in-law is the husband's mother.
• Father-in-law is the wife's father.
• Mother-in-law is the mother of the wife.
• Matchmaker is the father of one of the spouses in relation to the parents of the other spouse, that is, the father of a son’s wife or the father of a daughter’s husband.
• Matchmaker is the mother of one of the spouses in relation to the parents of the other spouse, that is, the mother of a son’s wife or the mother of a daughter’s husband.
• Brother-in-law is the husband's brother.
• Sister-in-law is the husband's sister.
• Daughter-in-law (daughter-in-law) is the wife of a brother (son).
• Brother-in-law - wife's brother Shurich (obsolete) - son of brother-in-law.

Scheme:

In English

In English, the property is indicated by adding -in-law (Russian by law) to the similar name of a blood relative, for example, mother-in-law (mother of the wife) - mother-in-law (Russian mother by law).

Source: https://edis74.ru/kto-takoj-svojstvennik/

Inheritance by law or will

Brothers and sisters are also close relatives

In the matter of inheritance, much will depend on the existing will. If it is missing, then after six months the heirs will be able to receive it, but only in order of priority. There are first, second and subsequent stages and they are clearly stated in the legislative norms.

The testator has the right to dispose of his property or property himself and he is not obliged to leave it to his relatives or family members. These can be friends, organizations or legal entities and individuals.

However, there are a number of restrictions when, despite the will, a circle of close relatives has the right to their obligatory share in the inheritance. This is especially true for minor children or dependents - spouses, parents, etc. Often these issues have to be resolved in court. Sometimes a situation arises when a complete stranger claims his rights and talks about a family connection and presents the relevant documents to confirm this.

Family code of the Russian Federation

What it is?

In the first case, citizens have one common ancestor, in the second - several. For example, children from the same mother but different fathers are half-siblings. A close relative is recognized by law without taking into account full blood.

But they still mention her.

Thus, the main sign of inherent relationships is the presence of a basis for their occurrence, namely, the presence of marriage. It is he who generates the relationship between relatives.

Relatives are relatives of each spouse in relation to each other and in relation to the second spouse.

The main difference from family ties is the lack of consanguinity among relatives.

The concept of in-laws came to the legislation of the Russian Federation from Roman law.

Legal relations between relatives are not regulated by acts of family and civil legislation today, and therefore gaps in the law may arise, and this, accordingly, requires improvement and refinement. In order to implement the above, every citizen has a guarantee - the right to protection of his rights and interests in court, their equality before the court.

The judge cannot be a relative or relative of one of the defendants.

In-laws in family law The concept of in-laws came to family law from Roman law, which, as is known, became the basis for the formation of the main institutions of civil and family law not only in the Russian Federation, but also in many post-Soviet countries.

Perhaps the property relationship existed for a long time

Definition of close relationship

But the opposite picture also occurs, when a close person is essentially a relative, but there is no documentary evidence in this regard and a certain dilemma arises. New innovative methods will allow us to solve it today. True, you will still have to run around and collect a lot of information.

First of all, you will need to find at least some documents confirming the degree of relationship. It is best to contact the registry office. It may be located in another region or country, but the answer, as a rule, always comes along with copies of documents available there. There is still an opportunity to go to court at your place of residence and try to draw up a competent statement of claim that will help convince the judge. Only here you can’t do without some supporting documents.

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True, now there is an opportunity to do a DNA examination. With its help, it is not difficult to prove your relationship, even if it is not only brothers and sisters, grandparents, but also other first and second cousins. Summing up some results, I would like to say that there are still a lot of shortcomings in this issue. Many people become close relatives, but are not considered such by law.

Vague formulations such as “family members” are not always satisfactory and often go against the realities of life.

To date, there is no clear definition of close relatives, despite the fact that certain amendments have been made to certain articles of various codes regarding this issue. There is hope that we will still be able to resolve it and draw up a clear list so that so many controversial issues do not arise.

A professional lawyer will answer questions about protecting family rights in the video:

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The concept of “close relatives”

Close relatives are direct blood ancestors and descendants along a vertical and horizontal line.

Along the vertical line, close relatives are children and parents, grandparents and grandchildren. Along the horizontal line, brothers and sisters are recognized, including half-siblings who have only one common parent.

The basis for identifying the legal category of close relatives is the principle of blood.

However, this is only a general definition of the concept. In practice, in different branches of law, the list of close relatives can vary significantly.

Despite the blood sign of identifying close relatives, the following are not included in this category:

• Great-grandparents;
• Great-grandchildren and great-granddaughters;
• Aunts and uncles;
• Nephews and nephews;
• Cousins ​​or second cousins.

In addition, adoptive parents and adopted children may be recognized as close relatives in certain cases. There is no blood relationship between them, but their relationship replaces the parental one.

Husband and wife are also not recognized as close relatives .
However, in specific issues of regulation of legal interests, they still have some rights. This applies, for example, to common property acquired during marriage, which is divided between them during the divorce process. Common-law spouses are not recognized as relatives at all. The rights of common-law spouses are limited only by the possibility of presenting alimony for the maintenance of a child whose father is the common-law husband.
In addition, the legislation contains the concept of family members. It is used to a greater extent in housing law. It is considered that those who live in the same premises are considered members of the same family.

The degree of relationship here can be quite distant. These can be mothers-in-law, mothers-in-law, stepfathers and stepmothers.

Close relatives according to the Family Code of the Russian Federation

Who is a close relative under the law? The Family Code provides the most comprehensive description of close kinship.

In Art. 14 of the RF IC directly states that close relatives include the following categories of citizens:

• Children and their parents;
• Grandmothers and grandfathers;
• Grandsons and granddaughters;
• Full and half-sisters and brothers.

In family relationships, the degree of relationship is of great importance . So, for example, it is prohibited by law for persons who are related to marry.

Issues of eviction or settlement, as well as restrictions or deprivation of parental rights are resolved based on known family relationships.

Close relatives according to the Civil Code of the Russian Federation

According to the Civil Code of the Russian Federation, close relatives, in addition to those persons whom we have identified above, also include spouses who have legally consolidated their relationship.

After a divorce, a spouse can claim half of the joint property acquired during the marriage, even if all the property came into ownership thanks to her spouse.

In addition, a woman can, by law, apply to the court to order alimony payments for her maintenance until the age of their common child. That is, the ex-husband can pay money for both the child and his ex-wife if the latter proves in court her difficult financial situation.

Let's consider two more important categories of legal relations in civil law, within which close relatives have special privileges.

These include:

• Gift to a close relative. When donating property to a close relative, the transaction is exempt from taxation. Your mother will not have to pay tax if you give her your apartment as a gift.
• Inheritance to a close relative. Close relatives belong to the first and second categories of inheritance. If a deceased relative did not leave a will after death in which specific persons were indicated, his property will be divided among relatives who express this desire. Also, for inheritance, different rates of state duties are established depending on the degree of relationship. Thus, close relatives pay 0.3% of the value of the property, and other relatives pay 2 times more.

Close relatives according to the Criminal Procedure Code of the Russian Federation

In criminal law in 2021, the following relatives are recognized as close relatives:

• Children and parents;
• Husband and wife;
• Grandparents, grandchildren and granddaughters;
• Sisters and brothers;
• Adoptive parents and adopted children.

According to the Code of Criminal Procedure of the Russian Federation, a citizen may refuse to testify in court and during investigative actions against his close relatives.

The interrogation of a minor subject must always be carried out in the presence of his legal representative - a parent.

Also, the degree of relationship is important when obtaining permission to visit a convicted person in a correctional facility. In this case, legal spouses have equal rights with blood close relatives. But being common-law spouses, getting permission with a convicted person is much more difficult.

Determination of close relatives according to the Family Code

A person is legally protected in many life situations if he knows the laws well and knows how to interpret them correctly. The simple, at first glance, and everyday phrase “close relatives” is most often mentioned in laws and causes a lot of controversy and questions.

Sometimes circumstances arise in such a way that it is necessary to confirm the absence of family ties (upon marriage, employment in law enforcement agencies).

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In-law family code

There are only certain exceptions.

1. 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:

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

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.

Among them: the wife's parents, brothers, sisters, the wife's grandparents, children from the wife's previous marriage, uncles and aunts, etc.

Irina, 30 years old: In what legal act can you find the definition of in-laws? Answer: In the current legislation of the Russian Federation there is no specific definition of the concept of in-law.

Thus, the main sign of inherent relationships is the presence of a basis for their occurrence, namely, the presence of marriage. It is he who generates the relationship between relatives.

Relatives are relatives of each spouse in relation to each other and in relation to the second spouse. The main difference from family ties is the lack of consanguinity among relatives.

Who is a relative in family law?

In the Russian legislative system, the phrase “close relatives” is not interpreted; when used in many legislative acts, it is interpreted differently everywhere. In Article 14 of the Family Code of the Russian Federation, the article says that relatives who are directly related to the ascending and descending line can be considered close.

Accordingly, this concept can include:

• parents;
• children;
• grandfathers;
• grandmothers;
• grandchildren;
• sisters and brothers;
• half-siblings (who share the same mother or father).

Who are the in-laws according to the law?

An analysis of the current family legislation leads to the conclusion that in the direct line, kinship of the first degree (parents and children) and second degree (grandfather, grandmother and grandchildren) is taken into account, and in the lateral line, kinship of the second degree (full and half-siblings) is taken into account. Only what is enshrined in Art. goes beyond the scope of close kinship.

55 of the RF IC, the child’s right to communicate with other relatives other than parents, grandparents, brothers and sisters and, accordingly, the right of other relatives to communicate with the child (Article 67 of the RF IC). The list of other relatives is not defined, and the degree of their relationship with the child is not indicated.

Property is the relationship between people arising from the marriage of one of the relatives: the relationship between the spouse and the relatives of the other spouse, as well as between the relatives of the spouses. Signs of the property: arises from marriage; not based on blood affinity; occurs when there are living relatives of the husband and (or) wife at the time of marriage.

Relatives: father-in-law (mother-in-law) - father (mother) of the husband; father-in-law (mother-in-law) – father (mother) of the wife; son-in-law - husband of a daughter or sister; daughter-in-law (daughter-in-law) – son’s wife; stepmother - the father's wife in relation to his children from previous marriages; stepfather - the mother’s husband in relation to her children from previous marriages; stepson – the son of one of the spouses in relation to the other spouse; stepdaughter - the daughter of one of the spouses in relation to the other spouse; sister-in-law - husband's sister; brother-in-law - wife's brother; sister-in-law - wife's sister; brother-in-law is the husband of a sister-in-law, in colloquial meaning any relative is called.

Status of spouses under Family Law

Spouses occupy a different position. Article 14 of the Family Code talks about those who are related by blood, but the law prohibits marrying a blood relative, so their relationship is not kinship, but is considered as a certain property.

This property determines the relationship between people after marriage, living together and maintaining a common household. This is what shapes the relationship between each spouse and their other half’s relatives. Article 2 of the Family Code confirms the status of spouses, which is equivalent to the civil status of parents and children.

Who is considered a person's closest relatives according to the family code?

In relation to inheritance, kinship along the lateral line up to the fifth generation is important. It is stipulated that the heirs of the sixth stage are cousins, uncles and aunts. The fifth degree of relationship is the last one that has legal significance in inheritance.

In the absence of sixth-degree successors, persons who are not blood relatives of the testator are called upon to inherit - stepfathers/stepmothers, stepsons/stepdaughters, dependents.

When determining who is considered next of kin, it is important to remember the norms of the institution of adoption.

An officially adopted child is no different in legal status from natural children.

The obligations of the adoptive parent and the child do not cease even after the latter reaches the age of majority. An adopted child joins the adoptive parent's family along with his offspring.

Example: the children of an adopted woman are considered the grandchildren of the adopter and the great-grandchildren of the adopter’s parents. The same applies to relatives on the lateral line.

Adoption should not be confused with guardianship/trusteeship, the relationship between stepfather/stepmother and stepson/stepdaughter.

The guardian/trustee raises, supports and cares for the child whom he has adopted into the family.

However, they are not relatives (close or distant) to each other. Until the stepmother/stepfather has adopted the spouse's children from his second marriage, they are not related to them. a monogamous union of adults of different sexes is recognized, duly registered with the competent authorities (registry office, village council).

Actual

Family and relatives in Criminal Law

The Criminal Code of the Russian Federation contains an exact list of who can be classified as a “close relative”.

Article 5, paragraph 4 of the Criminal Procedure Code of the Russian Federation refers this phrase to:

• spouses;
• parents;
• children;
• adoptive parents;
• adopted;
• siblings;
• grandparents;
• grandchildren.

From the Constitution of the Russian Federation, the most widespread and applied in matters related to criminal law is Article 5, which names people (relatives) who may be interested in the future life of the suspect (you may not testify against yourself, your spouse and close relatives, which are determined by the Federal Law (implying Article 14 Family Code of the Russian Federation)).

Family code of the Russian Federation

Administrative law of the Russian Federation considers close family ties between a parent, a child, adopted children, siblings, a grandfather (through one of the parents) and a grandchild.3. The criminal law of the Russian Federation defines close kinship between spouses.

Parents, children. Adopted children, siblings.4.

Tax law of the Russian Federation forms family ties between spouses, children, grandfather and grandson. Family law denotes the presence of family ties between generations:

• Consanguinity is observed between children, for example, between brother and sister (one generation).
• Close relationship is defined between a parent and an adopted child (adjacent generation).
• A close relationship is assumed between a grandson and grandparents who are close relatives of one of the child’s parents (a generation later).
• Consanguinity is observed between a child and a parent (adjacent generation).

The concept most often considered is that of family members, which is confused with close kinship. The legislation does not consider the concepts of family members and consanguinity at the same level. The Family Code states that family composition does not require the presence of close kinship. Housing law of the Russian Federation considers members of one branch as citizens living together simultaneously in the same territory of household ownership.

However, the presence of consanguinity is not a mandatory component. Who are citizens?

Close relatives in various legal codes

tax code

In the Tax Code of the Russian Federation you can also find an explanation of the phrase “close relatives”. Article 208 states that taxes are not paid for transactions on income and gifts, if the transaction is carried out by close relatives.

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Housing Code

The Housing Code of the Russian Federation does not use the words “close relatives” at all, replacing it with “family member”, referring to them:

If the owner has registered a person in the living space who does not have any family or blood relations, he is rightfully included in the family circle.

Labor Code

Article 128 of the Labor Code of the Russian Federation mentions the word “kinship” if leave is granted at one’s own expense (without maintaining wages) in the event of the death of a close relative. There is no mention of the terms “spouse” or “spouse.” At the end of the article there is a comment indicating the collective agreement.

Property and family law

Oddly enough, the legislation does not consider relatives as objects of family law. Consequently, they do not have the same privileges and responsibilities as relatives.

There are a number of nuances:

• Judges cannot be related to the defendants.
• Persons in property up to the fourth line cannot marry.
• Relatives may become objects of family law in the case when it comes to the payment of alimony by a stepdaughter/stepson to a stepfather or stepmother. However, each such case requires individual consideration.

Inheritance by law or will

Such situations are usually resolved through the courts. Situations are considered common when a stranger pretends to be a relative, demanding respect for his rights, and documenting his relationship, and can also count on an inheritance.

Methods of transferring real estate ownership

There are four options by which it is possible to transfer real estate to another owner. Each option has negative and positive aspects for both the one who transfers the property and the one who receives it.