The family as a legal term
Unfortunately, there is no common definition of this concept, and in various pieces of legislation can meet a variety of formulations, giving a description of that circle of people who are family members of a citizen. In accordance with these changes and the concept of "family", it depends on the goals of legal regulation, therefore, in every legal case is filled and the different legal content.
In the Code of Criminal Procedure, paragraph 4 of article 5, members of the family by law is considered to be spouse, parents, children, adoptive parents and adopted children, brothers and sisters, grandparents and grandchildren. In housing legislation, members of the family can vary a little depending on, if the family lives in the apartment owned, or withdraw it according to the contract of social hiring.
The family and its members in the housing legislation
Interest in the concept of "family member" is called the norm of housing legislation that provides the owner of the dwelling, the possibility to deprive the right to use the premises of the former member of his family. In this case, article 31 of the Housing Code to the family members of the owner include living with him wife, children and parents. The owner can give his apartment to other relatives or disabled persons dependent on him, and other citizens as members of his family.
If the apartment is the use of the family under the contract of social hiring, all of its members registered in the apartment constantly, have equal rights with the tenant of the premises. With their consent the tenant as members of his family may grant other persons the right of permanent residence in this apartment. In exceptional cases, they may be recognized by family members, even in court.
It turns out that a family member of the owner or tenant of the dwelling, in fact, can be recognized as any person, not even composed with him neither married nor related by blood. Automatically this person, the universe as a family member acquires the right of use of premises belonging to the owner, and the right of permanent registration at the place of residence. The ambiguity and vagueness of language that determine family structure and membership, requires further development of housing legislation. In any case, the legal practice that children and parents of the owner or tenant of the dwelling under any circumstances can not be recognized as "former family members".
Advice 2 : Who is a close relative
Though it is believed that close relatives there is no one, in life, sometimes, is not so. On the degree of kinship, some remembered only in the cases where you can take advantage of benefits laid close relatives, or in the case of disputes about inheritance.
Legal norms and definitions of kinship
The definition of "close relatives" is defined in article 14 of the Family Code. This document relates to the close relatives of all family members in direct ascending and descending lines. On the downlink the parents, grandparents, ascending – children and grandchildren. Also in this definition included full and half, i.e. a summary, brothers and sisters.
In article 5 of the Criminal procedure Code define the main concepts used in it, among them in 4. you can find a more extensive list of those people who are considered immediate relatives: spouse, parents and children, as well as adoptive parents and adopted children, brothers and sisters, grandchildren, grandparents.
Another normative document "regulations on the admission of officials and citizens of the Russian Federation to the state secret", approved by the decree of the RF Government dated 28.10.1995, No. 1050, p. 19, paragraph"d" in the circle of close relatives include: parents, brothers and sisters, children over the age of 16 years, wife/husband, including the former.
The degree of kinship and taxation issues
The need to determine the degree of relationship is most likely to occur in addressing issues related to the payment of the tax to incomes of physical persons, in the case where a person receives part of the inheritance or a real estate deed of gift, issued as a donation contract. Since 1 January 2006, according to the Federal law from 01.07.2005 g. N78-FZ, close relatives are exempt from the requirement to pay the state income tax on property received by will or by deed of gift, the question arises regarding the exact definition of degree of kinship.
The contract of donation concluded with a close relative, does not require a notary registration and payment of taxes on the income, but you will have to pay tax on the property.
In these cases, it is necessary to follow the 3rd part of the Civil code, which provides a definition of kinship, in keeping with the order. Thus, under article 1142, the heirs of the first stage under the law are: children, spouse and parents of the donor or testator. In this case their offspring inherit the right of the first queue in the event of the death of children.
Even if a will is not made to minor children or elderly parents, in any case they will receive their share of inheritance.
According to article 1143, in the case where heirs of the first queue, the inheritance can be transferred to the heirs of the second stage: half-and full brothers and sisters, grandfathers and grandmothers of the testator as father's side and mother's side. To the heirs of the second stage also include the nephews and nieces who are children of dead relatives and half-brothers and sisters.
If there are no heirs either the first or second queue, in accordance with article 1144, inheritance can claim to be the heirs of the third stage: full and half-brothers and sisters of the parents of the testator (uncles and aunts of the testator) and cousin brothers and sisters, in case of death someone from aunts or uncles.