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".
