Federal Law of November 15, 1997 N 143-FZ “On Acts of Civil Status” (as amended on October 25, 2001, April 29, 2002)


Federal Law of November 15, 1997 No. 143-FZ

RUSSIAN FEDERATION

THE FEDERAL LAW

About acts of civil status

Adopted by the State Duma on October 22, 1997
Approved by the Federation Council on November 5, 1997

(As amended by federal laws dated October 25, 2001 No. 138-FZ, dated April 29, 2002 No. 44-FZ, dated April 22, 2003 No. 46-FZ, dated July 7, 2003 No. 120-FZ, dated December 8, 2003 No. 169-FZ, dated August 22, 2004 No. 122-FZ, dated December 29, 2004 No. 199-FZ, dated December 31, 2005 No. 199-FZ, dated July 18, 2006 No. 121-FZ, dated July 23, 2008 No. 160-FZ, dated July 17, 2009 No. 169-FZ, dated December 17, 2009 No. 317-FZ, dated December 27, 2009 No. 365-FZ, dated April 5, 2010 No. 52-FZ, dated July 28, 2010 No. 241-FZ, dated July 1, 2011 No. 169-FZ, dated 03.12.2011 No. 378-FZ, dated 06.12.2011 No. 400-FZ, dated 05.06.2012 No. 51-FZ, dated 28.07.2012 No. 133-FZ, dated 12.11.2012 No. 183-FZ, dated 07.05.2013 No. 99 -FZ, dated 05/07/2013 No. 104-FZ, dated 07/23/2013 No. 242-FZ, dated 11/25/2013 No. 317-FZ, dated 04/02/2014 No. 52-FZ, dated 05/05/2014 No. 117-FZ, dated 23.06 .2014 No. 165-FZ, dated December 31, 2014 No. 517-FZ, dated November 28, 2015 No. 358-FZ, dated March 30, 2016 No. 79-FZ, dated June 23, 2016 No. 219-FZ, dated July 3, 2016 No. 361- Federal Law, dated 01.05.2017 No. 94-FZ, dated 18.06.2017 No. 127-FZ, dated 20.12.2017 No. 395-FZ, dated 29.12.2017 No. 438-FZ, dated 29.12.2017 No. 472-FZ, dated 29.07. 2018 No. 268-FZ, dated July 29, 2018 No. 272-FZ, dated August 3, 2018 No. 319-FZ, dated December 27, 2018 No. 528-FZ, dated May 29, 2019 No. 104-FZ, dated July 3, 2019 No. 157-FZ , dated 07/03/2019 No. 161-FZ, dated 10/01/2019 No. 328-FZ, dated 04/24/2020 No. 147-FZ, dated 12/30/2020 No. 518-FZ)

CHAPTER I. GENERAL PROVISIONS

Article 1. Subject of regulation of this Federal Law

This Federal Law defines:

bodies that carry out state registration of civil status acts;

procedure for state registration of acts of civil status;

the procedure for the formation of books of state registration of acts of civil status (registry books);

the procedure for correcting, changing, restoring and canceling civil status records;

procedure and terms of storage of books of state registration of acts of civil status (registry books);

the procedure for issuing repeated certificates of state registration of acts of civil status and other documents confirming the presence or absence of the fact of state registration of acts of civil status; (Paragraph introduced - Federal Law dated June 23, 2016 No. 219-FZ)

procedure for maintaining the Unified State Register of Civil Status Records. (Paragraph introduced - Federal Law dated June 23, 2016 No. 219-FZ)

Article 2. Legislation on acts of civil status

1. The legislation on acts of civil status consists of this Federal Law, based on the provisions of the Civil Code of the Russian Federation, the Family Code of the Russian Federation, and the regulatory legal acts of the Russian Federation adopted in accordance with it.

2. In the cases provided for by this Federal Law, when registering acts of civil status, the norms established by the laws of the constituent entities of the Russian Federation adopted in accordance with the Family Code of the Russian Federation are taken into account.

Article 3. Civil status acts

1. Acts of civil status - actions of citizens or events affecting the emergence, change or termination of rights and obligations, as well as characterizing the legal status of citizens.

2. Civil status acts are subject to state registration in the manner established by this Federal Law: birth, marriage, divorce, adoption, establishment of paternity, change of name and death.

3. Acts of civil status committed according to religious rites before the formation or restoration of civil registry authorities are equated to acts of civil status committed in civil registry authorities in accordance with the legislation in force at the time of their commission, and do not require subsequent state registration.

Article 4. Bodies that carry out state registration of acts of civil status

1. State registration of acts of civil status is carried out by civil registry bodies formed by state authorities of the constituent entities of the Russian Federation (hereinafter referred to as civil registry bodies).

Issues of the formation and activities of civil registration bodies in the territories of the constituent entities of the Russian Federation are resolved by the constituent entities of the Russian Federation independently on the basis of this Federal Law.

(Paragraph no longer in force - Federal Law dated April 24, 2020 No. 147-FZ)

The powers for state registration of acts of civil status are the powers of the Russian Federation, which are transferred for implementation to state authorities of the constituent entities of the Russian Federation (with the possibility of delegation to local governments of municipal districts, city districts, urban, rural settlements), the financing of which is carried out through subventions from the federal budget . (As amended by federal laws dated June 23, 2014 No. 165-FZ, dated April 24, 2020 No. 147-FZ)

(Clause as amended by Federal Law dated December 31, 2005 No. 199-FZ)

2. Local self-government bodies of municipal districts, city districts, urban and rural settlements, in the territories of which there are no civil registration bodies, formed in accordance with this Federal Law, the law of a constituent entity of the Russian Federation, may be vested with powers for state registration of acts of civil status, including including local government bodies of rural settlements - for state registration of birth, marriage, divorce, establishment of paternity, death. Local self-government bodies are vested with the specified powers with the transfer of the material and financial resources necessary for their implementation. (As amended by Federal Law No. 165-FZ dated June 23, 2014)

The law of the subject of the Russian Federation also determines the place of storage of civil status records on paper, the place of restoration of lost civil status records compiled by local governments of urban and rural settlements on paper. (As amended by federal laws dated December 31, 2014 No. 517-FZ; dated June 23, 2016 No. 219-FZ)

Control over the execution by local self-government bodies of the powers delegated to them for state registration of acts of civil status is carried out by state authorities of the constituent entities of the Russian Federation.

(Clause introduced - Federal Law dated July 7, 2003 No. 120-FZ)

21. Powers for state registration of acts of civil status are exercised in accordance with administrative regulations adopted on the basis of legislation on acts of civil status by the authorized federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of state registration of acts of civil status .

Before the adoption of administrative regulations by the authorized federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of state registration of acts of civil status, powers for state registration of acts of civil status can be exercised on the basis of administrative regulations adopted by the executive bodies of the constituent entities Russian Federation. These administrative regulations cannot contradict the legislation on acts of civil status, including they cannot contain additional requirements and restrictions not provided for by such legislation in terms of the implementation of the rights and freedoms of citizens, the rights and legitimate interests of organizations, and are developed taking into account the requirements for administrative regulations provided by federal executive authorities of public services and execution of state functions.

(Clause introduced - Federal Law dated December 27, 2009 No. 365-FZ)

22. Powers for state registration of birth (with the exception of birth, the state registration of which is carried out simultaneously with the state registration of paternity establishment) and death may also be assigned by the law of a constituent entity of the Russian Federation to multifunctional centers for the provision of state and municipal services.

If a constituent entity of the Russian Federation adopts the law specified in paragraph one of this paragraph, the multifunctional center for the provision of state and municipal services shall exercise, among other things, the following powers provided for by this Federal Law:

compilation of civil registration records;

issuance of birth certificates and death certificates;

transfer of passports of the deceased to the territorial body of the federal executive body in the field of internal affairs; (As amended by Federal Law No. 528-FZ dated December 27, 2018)

transfer for storage to the civil registry authorities of civil status records compiled on paper, as well as documents that served as the basis for state registration of births and deaths.

The procedure for transferring civil status records compiled on paper, as well as documents that served as the basis for state registration of births and deaths, to civil registration authorities is established by the authorized federal executive body exercising control and supervision functions in the field of state civil registration .

Corrections and changes to birth and death records compiled by multifunctional centers for the provision of state and municipal services, as well as their restoration, are carried out by civil registry authorities.

Multifunctional centers for the provision of state and municipal services, which are entrusted with powers in accordance with the first paragraph of this paragraph, and their employees, when they carry out state registration of acts of civil status, are subject to the rights, duties and responsibilities assigned by this Federal Law to the civil registry authorities and their officials.

Control over the exercise of powers by multifunctional centers for the provision of state and municipal services for state registration of acts of civil status is carried out by the authorized federal executive body exercising the functions of control and supervision in the field of state registration of acts of civil status.

In the event of improper exercise by a multifunctional center for the provision of state and municipal services of the powers provided for in paragraph one of this paragraph, such powers may be withdrawn in the manner provided for in paragraph twelve of this paragraph, on the basis of a submission from the authorized federal executive body exercising control and supervision functions in the field state registration of civil status acts.

The procedure for withdrawing the powers assigned to multifunctional centers for the provision of state and municipal services, provided for in paragraph one of this paragraph, is established by the law of the relevant subject of the Russian Federation.

(Clause introduced - Federal Law dated December 29, 2017 No. 438-FZ)

23. If, in accordance with a regulatory legal act of the highest executive body of state power of a constituent entity of the Russian Federation - a city of federal significance, the powers (functions) of civil registration bodies to provide public services for state registration of individual acts of civil status, including those not provided for paragraph 22 of this article are assigned to multifunctional centers for the provision of state and municipal services and the specified multifunctional centers for the provision of state and municipal services are included in the list of bodies providing public services for state registration of acts of civil status, approved by the highest executive body of state power of the relevant subject of the Russian Federation, to activities of the specified multifunctional centers for the provision of state and municipal services, the provisions of this Federal Law are applied, regulating the procedure for civil registration bodies to carry out state registration of acts of civil status. (Clause introduced - Federal Law dated December 29, 2017 No. 438-FZ)

3. State registration of acts of civil status of citizens of the Russian Federation living outside the territory of the Russian Federation is carried out by consular offices of the Russian Federation outside the territory of the Russian Federation in accordance with this Federal Law.

Consular offices of the Russian Federation outside the territory of the Russian Federation and their officials, when they carry out state registration of acts of civil status, are subject to the rights, duties and responsibilities assigned by this Federal Law to civil registration authorities and their officials. (Paragraph introduced - Federal Law of December 31, 2005 No. 199-FZ)

Control and supervision in the field of state registration of acts of civil status carried out by consular offices of the Russian Federation outside the territory of the Russian Federation is carried out by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of international relations of the Russian Federation. (Paragraph introduced - Federal Law of December 31, 2005 No. 199-FZ)

4. The federal executive body exercising the functions of developing and implementing state policy and legal regulation, as well as control and supervision in the field of state registration of acts of civil status:

has the right to issue regulatory legal acts on the implementation of powers transferred in accordance with paragraph 1 of this article, including administrative regulations for the provision of public services in the field of powers transferred in accordance with paragraph 1 of this article;

coordinates the activities of state registration of acts of civil status and provides its methodological support;

approves the appointment to the position of the head of the executive body of the constituent entity of the Russian Federation, organizing activities for state registration of acts of civil status on the territory of the constituent entity of the Russian Federation;

establishes requirements for the content and forms of reporting on the exercise of powers delegated in accordance with paragraph 1 of this article, as well as for the procedure for submitting such reporting;

exercises control over the efficiency and quality of the exercise by public authorities of the constituent entities of the Russian Federation of powers delegated in accordance with paragraph 1 of this article with the right to issue binding orders to eliminate identified violations, as well as proposals for removal from office and (or) disciplinary action , including on the dismissal from their positions of officials of executive authorities of the constituent entities of the Russian Federation responsible for non-execution or improper execution of delegated powers, which are subject to mandatory review. The procedure for monitoring the effectiveness and quality of the exercise by government bodies of the constituent entities of the Russian Federation of powers delegated in accordance with paragraph 1 of this article is approved by the federal executive body specified in paragraph one of this paragraph, in accordance with the rules established by the Government of the Russian Federation;

submits to the President of the Russian Federation proposals to withdraw the powers transferred in accordance with paragraph 1 of this article from government bodies of the constituent entities of the Russian Federation in the event of their non-execution or improper execution, as well as in other cases established by federal laws;

exercises supervision over compliance with the legislation of the Russian Federation during state registration of acts of civil status (except for issues subject to control specified in paragraph six of this paragraph), including conducting inspections of the activities of bodies carrying out state registration of acts of civil status, requests documents and makes instructions on elimination of violations of the legislation of the Russian Federation.

(Clause as amended by Federal Law dated April 24, 2020 No. 147-FZ)

41. The head of the federal executive body specified in paragraph one of paragraph 4 of this article enjoys the rights established by paragraphs eleven and twelve of paragraph 7 of Article 263 of the Federal Law of October 6, 1999 No. 184-FZ “On the general principles of organizing legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation." (Clause introduced - Federal Law dated April 24, 2020 No. 147-FZ)

42. Highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation):

appoints to the position, in agreement with the federal executive body specified in paragraph one of paragraph 4 of this article, the head of the executive body of the constituent entity of the Russian Federation, organizing activities for state registration of acts of civil status on the territory of the constituent entity of the Russian Federation;

approves the structure of civil registration bodies;

independently organizes activities for the implementation of the powers delegated in accordance with paragraph 1 of this article in accordance with federal laws and other regulatory legal acts of the Russian Federation, as well as regulatory legal acts provided for in paragraph 4 of this article;

ensures timely submission to the federal executive body specified in paragraph one of paragraph 4 of this article, copies of regulatory legal acts adopted by state authorities of a constituent entity of the Russian Federation on issues delegated in accordance with paragraph 1 of this article, reporting on the exercise of these powers, as well as a quarterly report on the expenditure of subventions to the federal executive authorities specified in paragraph 6 of this article.

(Clause introduced - Federal Law dated April 24, 2020 No. 147-FZ)

5. Funds for the implementation of transferred powers for state registration of acts of civil status are provided in the federal budget in the form of subventions. (As amended by Federal Law No. 104-FZ dated 05/07/2013)

Subventions are credited in the manner established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.

The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.

If the law of a constituent entity of the Russian Federation vests powers for state registration of acts of civil status of local self-government bodies, their financial support is carried out at the expense of subventions provided for the corresponding constituent entity of the Russian Federation. (Paragraph introduced - Federal Law of December 31, 2005 No. 199-FZ)

Subventions are credited in the prescribed manner to the accounts of local budgets according to the distribution established by the state authorities of the subject of the Russian Federation

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New rules for submitting an application to the registry office for marriage registration have been introduced in Russia

On October 1, a bill approved by the Government of the Russian Federation came into force, allowing Russians to choose a wedding date when submitting an application to the registry office. Moreover, this can be done even a year before the event.

From now on, everyone who wants to create a social unit can apply for marriage registration from one to 12 months before the event. You can select a specific date and time. It is also possible to submit an application through the government services portal.

Let us remind you that before the amendments to the bill, everyone wishing to tie the knot could submit an application to the registry office no earlier than a month in advance. Therefore, innovations will allow you to select the desired date in advance, and this is especially true for “beautiful dates” for which, as practice shows, there is always a great demand.

Employees of the registration authority are only happy about such changes, because this will greatly simplify their work.

“Prudent citizens prepare for the wedding in advance. For some, one month is enough, while others need more to prepare for an important event. They now have the opportunity to officially apply for marriage registration within a year. For us, such a system is very acceptable, because it will simplify the work, and we will see the workload in a given month in advance,” commented Natalya Dolgopolova, head of the civil registry office in the Krasnoarmeysky district.

But there are situations when marriage registration is needed as quickly as possible. For example, during pregnancy. In this case, the registry office requires a certificate confirming this fact, then the waiting period can be significantly reduced. These are special conditions and each case is considered individually.

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