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

The presence of legal relations arising from blood ties led to the emergence of the concept of “close relatives” in the legal doctrine, which means that the questions become natural: “who are close relatives according to the law?” and “what are the legal consequences of close relationship?”

Relatives who are recognized by law as close to each other have rights and obligations in relation to each other. In different branches of law, the lists of who is a close relative under Russian law may differ slightly.

Therefore, let’s try to understand all the relatives and on what legal grounds various transactions can be made between them.

Most general concept relatives recognized as close ones is concentrated in Article 14 of the domestic Family Code (FC). Close relatives according to the Family Code of the Russian Federation are none other than:

Vertical relatives, i.e. grandfather, grandmother, mother, father, son, daughter, grandson, granddaughter.
Relatives horizontally, i.e. brother, sister. In this case, both two parents can be common, or just one, i.e. a half-brother or sister is also recognized as close relatives.

The definition of close relationship is based on the principle of common blood. It follows from this that a husband or wife is not recognized by family law as close relatives, since there is no blood relationship.

Despite the presence of a blood relationship with a great-grandmother (great-grandfather) or great-grandchildren, the latter are not close relatives according to the RF IC.

At the same time, there is a category of persons who are recognized as close relatives according to the family code and are classified according to the first group. Such persons are adopted people or adoptive parents, since the relationships that arise after adoption are identical to the relationships between parents and children, although they are not based on blood kinship.

The rest of the relatives (uncle, aunt, cousin, cousin, nephew, etc.), including those from the spouse’s side (mother-in-law, mother-in-law, son-in-law, daughter-in-law, etc.) are considered by law as brothers-in-law, since the family code recognizes them as property relations.

Relationships of property also occur in relationships with a stepfather, stepdaughter or stepson.

From the point of view of the law, the following are not considered as brothers-in-law or relatives:

common-law husband (wife);
guardian;
sister's husband (brother's wife).

Branches of law where the concept of close relatives is found

Close relationship as a legal term is also used in other areas of legislation. In some industries, a greater number of relatives is recognized as a close relative than is stipulated in the RF IC.

Criminal Code

For example, the criminal law recognizes a spouse with blood relatives as a close relative.

This is due to the specifics of legal relations. For example, the norms of criminal legislation, including criminal executive law, include a husband or wife in the list of those persons who are considered close relatives under the criminal law.

However, not every regulatory legal act contains such a definition. In most cases, the norms reflect a reference nature to the family code, or imply this.

Civil Code

For civil norms, the definition of close kinship is acceptable, as in the RF IC, since the civil code regulates family relations only in that part that is not regulated by marriage and family norms.

Administrative Code

The Administrative Code has taken an intermediate position on the issue of determining who is considered close relatives under the law, since in a number of administrative articles relatives described in the RF IC occupy the same level as the spouse, but in fact the latter is distinguished separately.

Tax code

Close relatives according to the tax code of the Russian Federation coincide with the list from the Investigative Committee of the Russian Federation. Moreover, tax rules refer to family ones.

Legal consequences arising from close relationship

When there are family relationships between people that are recognized as close, this imposes on them certain mutual rights and obligations in relation to each other, the implementation of which is bound by law to certain conditions.

In particular, this concerns the questions:

collection of alimony;
restrictions (deprivation) of parental rights;
entry into inheritance, since close relatives are included in the first and second stages of inheritance, which means they are presented for inheritance earlier than others and have a primary right to inheritance. In addition, under certain conditions, such relatives can claim a legal share in the inherited property if the testator, by his will, left the heirs “overboard” without including them among the approved heirs.
payment of taxes, namely preferential income taxation;
labor and social guarantees, when an employee has the right to unpaid leave due to the death of a close relative, or the right to receive a survivor’s pension (if there are grounds for its assignment), as well as to receive a pension accrued to a deceased relative, which was not actually paid .

This is far from full list the content of legal relations arising from the concept of close kinship.

Peculiarities in regulating transactions between relatives

The fact of close kinship in no way infringes on the rights of relatives to carry out transactions between themselves such as donation, purchase and sale, rent, inheritance, etc. Transactions between close relatives are carried out on the basis of the general requirements of civil law, taking into account certain features.

Purchase and sale of real estate

Buying and selling an apartment is the most common type of transaction in the real estate market. And, despite blood ties, close relatives often become mutual participants in market relations, when the transfer of the rights of one relative passes to another not on a free basis, but for a tidy sum.

If in reality this is the case, and in exchange for the apartment the person received the amount agreed upon in the contract, then the transaction took place and is recognized as valid within the framework of the law.

The tax on the sale of an apartment directly depends on the price of the contract, which is necessarily stated in it. Tax payments will be 13% of the contract price, and the burden will fall on the seller. However, they are exempt from this tax if:

the apartment was owned for three years or more (for property sold since 2016, this period is set at 5 years);
the cost of the apartment does not exceed 1,000,000 rubles, since the deduction is carried out from the amount exceeding this figure.

If the relatives decided to deliberately include a lower value in the contract in order to reduce the tax, then the discovery of such a fact may lead not only to an additional payment of the missing amount of tax (which will be calculated from the cost of the apartment, which the tax inspector will indicate), but also a penalty.

The purchase and sale of an apartment between close relatives without actual payment is also grounds for invalidating the transaction.

In order to legally purchase an apartment from a relative under a sales contract, you must pay for it not only on paper, but also actually transfer the money.

Donation of real estate

The donation agreement is concluded by general rules, and accordingly, unlike purchase and sale, property rights to a real estate object are transferred free of charge.

Completing such a transaction has a number of advantages, primarily for the donee:

is not taxed when donating real estate to a close relative;
If the recipient is married, the gift is not recognized as the common joint property of the spouses and under no circumstances is subject to division.

However, if a person subsequently decides to sell the donated apartment, he will have to fork out taxes. The tax amount will be 13% of the difference: the cost of the apartment minus 1 million rubles.

There is also a positive point: if the new owner has used the gift for more than 3 years (or 5 years, starting from 2016), then he is exempt from any taxes when selling this real estate.

Inheritance

After the death of a person, close relatives have the right to claim property and property rights that belonged to the deceased during his lifetime. The Civil Code of the Russian Federation determines the order of inheritance, but not all relatives who are close according to the RF IC are included in the first line of inheritance.

The following are given priority for inheritance:

children (adopted and biological);
parents (adoptive parents);
a spouse who is not considered by the RF IC as a close relative.

If there are no primary heirs, heirs from the second priority are represented:

grandfather, grandmother;
brothers and sisters (step and full siblings).

If there is a will, then the testator himself determines the circle of persons to whom the rights to property will be transferred by inheritance. Close relatives not specified in the will can claim the inheritance if they are entitled to a mandatory share.

The obligatory share is due to a strictly defined category of persons:

children under 18 years of age, or older, but disabled or incapacitated;
parents (adoptive parents) disabled or incompetent;
a spouse who has lost the ability to work or have legal capacity.

Upon receipt, close relatives do not pay tax, but pay a state fee for registering the right to an apartment. The amount of the duty is calculated based on the value of the inherited apartment in the amount of 0.3%. And wherein maximum size duties are limited to 100,000 rubles.

An inherited apartment is sold according to general rules with payment of 13% tax on an amount exceeding 1,000,000 rubles in the cost of the apartment, if the period of ownership of the apartment is less than 3 years (or 5 years from 2016).

Participation of a minor relative in the transaction

The law provides for prohibitions on a number of transactions in which one of the parties is a minor. These include paid transactions of minors through legal representatives (parents, guardians, adoptive parents, trustees, spouses and close relatives).

Such a prohibition excludes any possibility of selling real estate owned by to a minor child his mother and other close relatives.

Taking the law literally, which prohibits any paid transactions involving minors, the latter also cannot acquire anything.

This prohibition also applies to transactions in which maternal capital, and accordingly the child. It turns out that it will not be possible to purchase an apartment from grandparents or other close relatives, but the latter have the right to inherit the apartment, donate it, or simply provide the right to use it free of charge.

If such a transaction is carried out, its registration will be refused, since it contradicts the rules of law.

Refund of personal income tax for transactions between relatives

Citizens can receive a tax deduction, or rather an income tax refund, when purchasing an apartment if they are officially employed and deduct 13% income tax from their wages.

But this general rule has a number of exceptions, including those related to relatives. That is, when buying an apartment from a close relative, a person does not have the right to a tax deduction upon personal income tax return.

But close relatives have the right to claim other types of deductions:

. This deduction is provided to parents if they pay for the education of their children, or to persons paying for the education of a brother or sister whose age does not exceed 24 years. This deduction is made in the amount paid for training in the tax period.

Everyone puts their own meaning into such a concept as “close relatives,” which is obvious at first glance, guided by personal considerations or generally accepted opinion. But legal implementation needs clearer terminology, and from a legal point of view, the category of close relatives includes a circle of persons strictly defined by current legislation.

Interpretation and significance of the term

In Art. 14 of the Family Code of the Russian Federation, blood relatives in ascending and descending lines and sisters and brothers (if there are one or two common parents) are called close. Spouses, although they are not relatives in the literal sense of the word, are endowed with a special status and classified as family members in accordance with Art. 2 of the mentioned code on an equal basis with parents and children. Officially recognized children have a similar position in relation to their adoptive parents and vice versa.

In the process of inheritance, a correct understanding of the term “close relatives” is significant under the following circumstances:

Inheritance by law.
Receiving a mandatory share of the inheritance (if there is a relative’s right to refute the will).
Determination to obtain a certificate of inheritance.

The situation of parents deprived of legal rights in relation to their children, in most cases, means their exclusion from the circle of close relatives. For example, according to Art. 1117 of the Civil Code of the Russian Federation, such a parent does not have the right to inherit the child’s personal property. But these restrictions apply only unilaterally, which is confirmed by clause 4 of Art. 71 of the RF IC, according to which children of a deprived father and/or mother retain the right to the property of an unscrupulous parent and other close relatives along his line (in case of inheritance by law - from grandparents, aunts and uncles).

After adoption, children lose the opportunity to claim the material benefits of the deprived parent and his blood relatives. But the desire of the father or mother, who has retained their legal status, may leave in force the right of inheritance and the child’s obligations in relation to the “unworthy” parent (Article 137 of the RF IC).

Who is considered a close relative?

In the absence of a will, the inheritance is based on the degree of relationship. Therefore, the question of whether the deceased relative is close and how legitimate the claims to his property will be is one of the most pressing for potential heirs.

Is grandma a close relative?

The mother of one of the parents is a direct relative in the ascending line and is considered close according to the definition of Art. 14 IC of the Russian Federation. According to the provisions of Art. 1142 of the Civil Code, she transfers the inheritance to her grandchildren, that is, in the case when her children died before the opening of the inheritance.

However, for issuing a certificate of right to the inheritance received from her, you will have to pay an increased interest rate (0.6% of the assessed value of the property), since Art. 333.24 of the Tax Code does not classify a grandmother as a close relative.

Are spouses, husband and wife, close relatives?

Spouses are the closest family members in relation to each other, and as such they have a number of privileges, including:

right to half of the joint property;
primary calling to inheritance by law;
the right to an obligatory share in the inheritance in the presence of a fact of incapacity for work and a will indicating other persons as heirs.

Are cousins and brothers close relatives?

The daughter or son of a native uncle or aunt is not defined as a close relative in any legislative act of the Russian Federation. And the right to receive her property arises within the third stage of the law, in a situation where she does not have closer heirs (parents, children, grandchildren, sisters and brothers, grandparents, nephews) or they have abandoned the property.

The possibility of inheritance after a cousin or brother appears only after the death of a parent (uncle or aunt of the testator) earlier or simultaneously with it.

Is a mother-in-law or father-in-law a close relative by law?

The mother of the legal husband becomes a close relative and, sometimes, a member of the family, but this is not reflected in the legislation. The right to inherit her property arises under the following circumstances:

The death of her son before he accepted the inheritance, if he did not leave a will for all his property in favor of other persons (in the order of hereditary transmission).
According to the will.
If there is a fact of dependence at the expense of the mother-in-law for at least a year with residence in the same living space.

Is the brother a close relative?

A full and half brother is considered a close relative according to the Family, Civil and Tax Code of the Russian Federation, and the property left by him after death is inherited by brothers and sisters if the deceased does not have a spouse, children, parents and grandchildren.

When registering an inheritance, successors will receive a reduced rate of state duty, prescribed specifically for payment by the testator’s immediate blood relatives (0.3%). The exception here is for half-siblings (those who have only one common parent).

Are grandchildren close relatives?

Grandfathers and grandmothers take possession of the property of a grandchild on the basis of their close blood relationship - in the order of the second line of inheritance by law. But the fee for issuing a certificate of inheritance is paid on a general basis - 0.6% of the amount of material benefits received.

Are ex-spouses related?

The termination of a marriage entails the deprivation of the former spouses of all rights, responsibilities and status as close family members in relation to each other. The only thing they can claim is equal shares of jointly acquired property if marriage contract does not state otherwise.

There is also temporary management and disposal of inheritance received by a child in common with the testator before he reaches 18 years of age. But this does not apply to the rights, but to the responsibilities of the parent, and the property of the former spouse can become personal property only as a result of the abandonment of it by an adult child or in the event of his premature death.

Grandfather

The mother's or father's father is a close relative in the ascending line according to Art. 14 of the RF IC, but grandchildren are called upon to inherit after him solely as a result of the refusal or death of the parents before the discovery (acceptance) of the grandfather’s property rights. The fee collected from them to the notary is 2 times higher than for the category of immediate family indicated in the Tax Code of the Russian Federation and amounts to 0.6% of the value of the property.

Brother's wife

The brother's wife is not included in the group of relatives or family members by any Federal Law of the Russian Federation. Becoming the owner of property after her death is possible only if there are appropriate orders from the deceased or as part of inheritance after a brother, who is the main claimant to the material benefits of his wife by law.

Incorrect interpretation of legal terminology entails the emergence of misunderstandings and serious misconceptions among citizens entering into an inheritance, and the data gleaned from this article is sufficient only for preliminary reference. And for a practical settlement controversial situations competent consultation with a specialist is necessary.

The Tax Code of the Russian Federation is not subject to personal income tax on income in cash and in kind received from individuals as a gift, with the exception of cases of donation of real estate, Vehicle, shares, interests, shares, unless otherwise provided by this paragraph. Income received as a gift is exempt from taxation if the donor and recipient are family members and (or) close relatives in accordance with the Family Code Russian Federation(spouses, parents and children, including adoptive and adopted parents, grandparents and grandchildren, full and half (having a common father or mother) brothers and sisters).

Are stepfather and stepson family members or not?

Carrot 22 - 02/27/2015 - 11:46 20-irina232 I believe that the Tax Code provides an exhaustive list of persons exempt from paying tax.

Because the concept of “family member” is different in many legislative documents.

It’s important for you to read it this way, and for them to read it this way. In my opinion, if the Tax Code had written, for example, “and other family members, in accordance with the RF IC,” then yes, the list would be open, otherwise... But I repeat, this is just my opinion irina232 23 - 27.02 .2015 - 11:48 why did they write “are family members and (or) close relatives”, therefore, this is not the same thing.

Are the stepdaughter and stepfather family members?

Attention: Is the word “stepfather” offensive? Traditionally, the title of stepfather carries less negative connotations than stepmother.
It even became a proverb: “not a mother, but an evil stepmother.” A man in such a situation is automatically considered the center of virtue, because he took a woman “with some weight” as his wife.

InfoThere is a lot of patriarchal morality and double standards in this; it is not always the stepfather who becomes good friend and a real father.
Is it possible to somehow replace this dry and official “stepfather” with other words, less alienating? It can be extremely difficult for a child, in a moral sense, to call his mother’s husband a father, and even more so a dad.
In no case should you be forced; this can only intensify confrontation.

Is the stepdaughter part of the family?

Now the tax office is demanding a declaration from a minor child (stepson), or more precisely from his representative (wife), citing the fact that the stepfather and stepson are not relatives and that “they wanted to put it on the family code.”
Thus, having received the assistance we were entitled to from the state, we paid for the re-registration of the apartment, and now also the tax. In our situation, is it possible to somehow prove to the tax authorities that we are members of the same family, living together under the same roof through thick and thin for more than 5 years, and how to do this? Answers

payment of tax upon gift from father to stepsonAuthor: lawyer Kuzovokova O.A. 01/18/2012 Hello!
Close relatives according to the Family Code of the Russian Federation

The tax office is wrong. According to clause 18.1 of Art.

A stepfather is... who is a stepfather? meaning of the word

In any case, the court must find out for what reasons (good or bad) the upbringing and maintenance of the stepson or stepdaughter was terminated by the stepfather (stepmother), and, taking into account the specific situation, decide the issue of collecting alimony for the maintenance of the stepfather (stepmother), even if they supported and raised their stepson or stepdaughter properly for less than five years.”

The content of the legal relationship with the participation of the stepfather (stepmother) and stepson (stepdaughter) consists of the mutual rights and obligations of the named persons.
Of particular interest are, as mentioned earlier, the rights and responsibilities for raising children. This legal relationship also involves the child’s parent, who is endowed with the corresponding rights and responsibilities on the basis of the law.

At the same time, the legal fact that entails the emergence of a corresponding legal relationship directly between the child and the spouse of the other parent has not been determined.

Everything that is acquired by a husband or wife during their legal marriage belongs to them on equal rights, regardless of who acquired it and with what means.

If necessary, joint property can be divided equally. Adult citizens of different sexes can enter into marital relations, except in cases...

one of them is legally married;
presence of blood relationship (mother and son, father and daughter, grandfather and granddaughter, grandmother and grandson, brother and sister);
the existence of a relationship between an adoptive parent and an adopted child;
the presence of incapacitated status for one of them;

...former spouses Former spouses, that is, a husband and wife who have legally dissolved their marriage, lose all relations with each other. They are no longer family members and do not have the special privileges that the law grants to spouses.
In accordance with paragraph 1 of Article 11 of the Tax Code of the Russian Federation, the institutions, concepts and terms of civil, family and other branches of legislation of the Russian Federation used in this Code are applied in the meaning in which they are used in these branches of legislation, unless otherwise provided by this Code. I would like to draw your attention to the fact that Article 14 of the Family Code of the Russian Federation defines the concept only of “close relatives”.

Article 97 of Chapter 15 “Alimony obligations of other family members” of the Family Code of the Russian Federation recognizes a stepdaughter and stepfather as members of the same family.

And the definition of the concept of family is given in Article 1 of the Federal Law of October 24, 1997.

Federal Law "On living wage in the Russian Federation" - "persons related by kinship and (or) property, living together and leading a joint household."

They are not relatives, but the stepfather receives a non-property right to take part in raising the children of his wife, provided that the exercise of these rights does not cause physical, moral or material harm to the children, and does not violate their own rights. Many people are interested in whether, with the official conclusion of marriage, the stepfather really has responsibilities towards his stepson or stepdaughter. The law does not stipulate the duty of a stepfather (or stepmother) to financially support the children of his wife (or spouse) from a previous marriage. Nevertheless, there are reservations in the legislation that protect the rights of children to financial support from an adult relative. The court can release the stepfather from this responsibility; for assistance, you need to contact the guardianship and trusteeship authorities. The law has retroactive effect according to the principle of reciprocity.

Is the spouse a relative?

The question posed in the title is not as naive as it might seem at first glance.

It is unlikely that anyone at least once in their life specifically thinks about this question.

Meanwhile, every family person inevitably gets involved in situations where contradictions arise in the relationship between relatives and spouse and there is a need to take one side or another.

Perhaps the most striking confirmation of the relevance of this problem is the eternal themes of mother-in-law and mother-in-law.

Therefore, I believe that knowing the answer to this question can help you make the right decision in a conflict situation.

The question also needs to be considered because different branches of law answer this question differently.

For example, paragraph 4 of Art. 5 of the Criminal Procedure Code of the Russian Federation, spouses are classified as close relatives.

A Art. 14 of the Family Code of the Russian Federation, a spouse is not classified as a relative.

Due to the presence of such contradictions in laws, there is also a need to understand this issue.

Let me start by defining the concepts of “spouse” and “relatives”.

As follows from the interpretation of Article 10 and Article 12 of the Family Code of the Russian Federation, a man and a woman who entered into a marriage in the registry office are recognized as spouses.

Spouses voluntarily enter into an alliance and undertake responsibilities and acquire for themselves the rights established by the Family Code of the Russian Federation and other regulatory legal acts and conditions and requirements that spouses impose on each other.

Therefore, in its legal essence, marriage is close to such concepts of civil law as “agreement” and “deal”.

From Article 14 of the RF IC it follows that relatives are persons between whom there is a blood connection.

The degree of relationship between persons is determined by the number of births between them.

Who is legally a close relative?

Between close relatives it ranges from one to two, both in ascending and descending lines.

In addition, from Article 14 of the RF IC, which contains a ban on marriage between close relatives, it follows that close kinship is a circumstance that prevents the emergence of marital relations.

It follows that spouse and relative are different concepts.

Therefore, the spouse is not a relative.

A spouse may be a relative if the marriage was concluded between relatives who are not close.

The existing conflict between clause 4 of Art. 5 of the Code of Criminal Procedure of the Russian Federation classifying spouses as close relatives and Article 14 of the RF IC, which does not classify spouses as relatives, in my opinion, should be resolved in favor of the RF IC, since the Code of Criminal Procedure of the Russian Federation regulates specific short-term procedural relations that arise during the investigation of crimes, and Family code The Russian Federation is a special law regulating marriage and family relations.

I like scientific definition concepts of spouses - Spouses are persons who are in a special family-marital relationship.

This definition clearly reflects the contractual nature of marital relations as opposed to family relations.

Hence the conclusion - marital relations are always temporary, family relations are eternal.

Therefore, when conflicts arise between relatives and a spouse and the choice of one’s attitude towards him, the specified circumstances should be taken into account.

Lawyer An I.P. 05/18/2013

Who is considered a close relative according to the laws of the Russian Federation?

Who are considered close relatives according to Russian law?

The concept of close relatives, which we use in everyday life, as a rule, implies a circle of people who are related to us and are our family. Here are spouses, children, parents, grandparents, brothers and sisters, as well as in-laws. When you use the concept of a close relative, you imply a special connection with him, as well as a special, privileged attitude towards such a person. You need to understand that the law also determines special legal relations applies to this category of people. However, you need to clearly know who is considered close relatives according to the law of the Russian Federation, and who is not.

It is impossible to unconditionally determine the circle of close relatives according to the law. Guided by sets of laws in various areas public relations, such as the Family, Criminal, Tax Code and others, it is impossible to get an unambiguous answer to such a question. The fact is that different situations require individual approach and must be guided by various legal norms.

Let us consider who is a close relative in more detail from the point of view of the Family Code of the Russian Federation.

Family ties

Sometimes knowledge of the principles by which in certain cases persons are defined as close relatives is very important. What are the costs of inheritance disputes and issues of deeds of real estate and valuable property!

In addition, the law of January 1, 2006 exempts from taxation property that was transferred to close relatives by inheritance or as a gift.

What kind of relative is the stepfather

This law provides more opportunities in the area of property relations between relatives. Now the transfer of an apartment, car and land will not require huge taxes when inheriting and donating the listed values. This tax is 13% of the value of the property, which at current housing prices is sometimes unaffordable for many families.

Also, during the trial, it would be useful to learn that the Constitution and the Criminal Code of the Russian Federation give the right to refuse to testify against oneself, one’s spouse and close relatives. Police officers are obliged to notify them, that is, their relatives, when a suspect related to them is detained. Relatives need to know where they are.

By law, close relatives are entitled to the following rights:

inherit property;
to refuse to testify against a close relative at trial;
do not pay property tax when inheriting or receiving as a gift;
receive leave at your own expense in the event of the death of a close relative;
other rights provided by law.

Family members, but not relatives

But a concept that is often confused with those discussed in the article is family members. Close relatives and family members are not the same thing in the eyes of the law. According to the Housing Code, family members are persons living with you in the same living space. These are sometimes not direct relatives whom we traditionally consider close - mother-in-law, father-in-law, mother-in-law, father-in-law or cousins and sisters. But applicable to the Family Code and the criminal and tax codes that refer to it in their articles, the definition of close relatives is different. This means that it is the definition of this category of persons used in the Family Code that should be taken as a basis.

Close relatives- these are direct descendants or ancestors in ascending and descending lines, as well as full brothers and sisters (by mother and father) or half-brothers (only by mother or only by father). According to the Family Code, your close relatives are:

Parents;
Children, including adopted children;
Grandparents, namely the parents of your father and mother;
Siblings (both mother and father or just one parent).

Where are the husband and wife on this list? They are not listed as legally related.

Who are husband and wife to each other?

The wife and husband are the closest people to each other, but the law specifically regulates their relationship. Here lies the greatest nuance, which is far from obvious to the average person. According to the same Family Code, a husband and wife cannot be considered immediate relatives. The relationship between husband and wife is not considered consanguineous (kinship), but inherent. Since marriage is an agreement between two people, and therefore the relationship between the relatives of both parties is not blood, but inherent.

It can be said that a family union in the form of a legal marriage is a relationship by contract, and not a true blood relationship. Which persons are related to:

Husband and wife;
Mother and father of the husband or wife (mother-in-law, father-in-law, mother-in-law and father-in-law);
Son-in-law and daughter-in-law.

The specified circle of persons are each other family members, which include many other persons, such as stepmother and stepfather, children born in civil marriage, relatives living together, etc.

Legal regulation of relations between spouses

A completely reasonable task arises to regulate relations between husband and wife in various areas. Each branch of law provides references and clauses specifically indicating the rights and obligations of spouses. For example, the Criminal Code states that you do not have to testify against yourself, your spouse and close relatives.

When making a will, you need to take into account the fact that the husband and wife are not close relatives. If it turns out in the will that all the property is divided by close relatives, then the wife of the deceased may be left with nothing, since she does not belong to this circle of people. The inheritance passes in accordance with the last will of the deceased person under a will, regardless of the procedure for inheritance by relatives, which is specified in the law. Whereas without a will, she would have been the heir of the first priority according to the Civil Code of the Russian Federation, along with her children and parents.

For the same reason, the former spouse (and all their relatives) are no longer members of the same family, and therefore cannot claim anything after a divorce. But blood relatives cannot be former, because their relationship is not based on contracts.

Knowing the law releases many benefits that you can take advantage of. You can draw up a deed of gift, correctly draw up a will, and also enjoy other privileges by knowing exactly who are legally close relatives.

Number of crimes in Russia

Who is considered a close relative according to the Family Code of the Russian Federation?

Recognition as a family member of the owner or tenant of a residential premises

(Granting the status of a family member to a non-relative through a judicial procedure for establishing a legally significant fact)

The list of persons who are family members of the owner or tenant of a home in terms of property relations is enshrined in the Housing Code, and according to this set of laws, this circle includes: the owner’s spouse, parents and children. However, it may be necessary to determine the status of a family member in relation to a citizen living together with the owner or tenant of the apartment, but who is not his closest relative. Such a need may be associated with obtaining a housing certificate, relocating to another place of residence, submitting documents for registration as a person in need of improved housing conditions, and in connection with other circumstances. In this case, the list of categories of persons falling under the definition of family members may be expanded, but this will most likely require a procedure for establishing the relevant legally significant fact in court.

The status of a family member allows a citizen to be recognized as having the right to housing. Thus, any relatives of the owner, along with disabled persons dependent on him, and, as an exception, other citizens can acquire the status of a member of the owner’s family only if they are moved into the residential premises by the owner himself as members of his family. Similar definitions will apply to family members of the tenant of the residential premises, that is, when a social tenancy agreement is in force. But at the same time, the landlord has the right to prohibit the tenant from moving in other persons as members of his family living together with him, if as a result of such moving in, the living space allocated according to established accounting standards for one family member turns out to be less than the permissible value. However, it should be noted that when minor children move in with their parents, the consent of the landlord or other family members is not required.

As noted above, the classification of a citizen as a member of the family of the owner or lessor is carried out in the form of establishing a legal fact and is carried out in the manner of legal proceedings. When drawing up a statement of claim for recognition as a family member of the owner or tenant of a home, the citizen who wishes to gain the status of a family member must be indicated as a plaintiff. If it is necessary to grant such a status to a minor, then the claim must be filed in court by his legal representatives, who can be one of the parents, an adoptive parent, or a guardian. The defendant in such claims is either the owner or the tenant of the residential premises. In addition to the plaintiff and defendant, the application must indicate all third parties who have rights to the disputed housing. If we are talking about an apartment provided under a social tenancy agreement, then the landlord is indicated as a third party - the administration of the municipality within which the disputed housing is located. The claim is filed in court at the location of the disputed home. In this case, the plaintiff must pay the state fee provided for non-property disputes.

In order for the court to satisfy the plaintiff’s demands, he will have to competently substantiate his claim by providing relevant evidence. Certain documents must be attached as such evidence. Thus, the application must include an order for an apartment, a lease agreement or a certificate of registration of property rights. Confirmation of registration at the place of residence in the disputed premises will also be required. Recognition of a person as a family member is based on confirmation of family ties with the owner or tenant of the property. Relationship is confirmed by a birth certificate, and for spouses by a marriage certificate.

Is my stepfather a relative in the ascending line or not?

To be recognized as a family member, it is also necessary to prove the fact of living together with the owner (tenant). If we are talking about such categories of relatives as sisters and brothers, grandchildren, grandfathers, grandmothers, uncles and aunts, nephews, then in addition to documents confirming relationship with the employer (owner), they should provide evidence that would indicate that They were moved into the living quarters precisely as family members. Disabled persons who are dependent on the owner (employer), in order to confirm the fact of lack of ability to work, must attach to the claim a pension certificate, a certificate of disability or a birth certificate. Evidence will also be required that such persons receive financial assistance, which constitutes their main source of livelihood, precisely from the owner (tenant). These persons should also be moved in by the owner (tenant) precisely in the role of family members, and not just like that.

Persons who do not fall into any of the categories described above will have to sufficiently substantiate the reason why they consider themselves members of the owner’s (tenant’s) family. The reason must be so serious that the court can recognize the necessity of moving in as a exceptional case, as stipulated in the Housing Code. An example of such an exception would be a situation where a woman and a man are in a so-called civil, that is, not officially registered marriage, and they have a child. You also need to prove the fact of moving in as a family member. To do this, it is necessary to present such arguments so that it is clear to the court that there is a family relationship between the owner (tenant) of the property and the person moving in. Such relationships are based on a common budget, joint housekeeping, and the availability of items for joint use. Within family relations people bear common expenses for purchasing food and show concern for each other. In addition, family relationships are based on common responsibilities and rights, common interests. Of course, the conditions listed may not apply to every family. But some of them must be cited as justification for the existence of family relationships, and not those that arise, for example, from a contract.

It should be remembered that if a spouse, parents or children move into the tenant’s residential premises, then other persons who are family members and included in the order or social tenancy agreement must give written agreement for such a move. Such consent must be attached to the application. This rule does not apply to the case when minor children of the tenant move in.

Additionally, in the text of the statement of claim for recognition as a family member, it is necessary to indicate on whose initiative the plaintiff was moved into the residential premises, and whether there was an agreement on this with the owner (tenant). It is also necessary to describe in general terms the established procedure for using the living space and the objects located in it. Indicate existing relationships with other persons who also live in this premises. At the end of the descriptive part of the application, it is indicated for what purposes the plaintiff requests to be recognized as a family member, and how he intends to use the court decision made on such a claim.

In conclusion, it should be emphasized once again that, despite the property goals of recognizing a non-relative person as a family member, this task relates to a greater extent to the branch of family law rather than housing law. In this regard, to establish a legally significant fact - the status of a family member, it is advisable to use the services of a lawyer who has experience in resolving not only housing, but also family disputes.

There are many situations when you need to know who is considered a close relative according to the law. The need to pay tax on a gift, division of an inheritance without a pre-written will, confirmation of nationality.

In some cases, situations arise when, on the contrary, it is necessary to confirm that there is no relationship between people - for marriage, employment in law enforcement agencies, etc.

The concept of “close relatives” in the legislation of the Russian Federation

Depending on the branch of law, the concept of “close relatives” has several interpretations.

So for example:
Article 14 of the Family Code of the Russian Federation states that close relatives include:
- relatives in a direct ascending as well as descending line (children, parents, grandparents and grandchildren);
- full (blood) and half (who have a common mother or father) brothers and sisters.

Article 25.6 of the Code of the Russian Federation on Administrative Offenses under the concept of “close relatives” means:
- parents and children;

- siblings;
- grandfather and;
- grandchildren.

Article 5, paragraph 4 of the Criminal Procedure Code of the Russian Federation calls close relatives:
- spouse;
- adoptive parents and adopted children;
- siblings;
- grandparents;
- grandchildren.

Clause 18.1 of Article 217 of the Tax Code of the Russian Federation states that close relatives are the persons listed in Article 14 of the Family Code of the Russian Federation.

Based on the above, the role of a spouse as a close relative is mentioned only in the Criminal Procedure Code. Who are spouses really related to each other?

Spouse: close relative or family member?

Considering that Article 14 of the Family Code indicates the most full list persons who are considered close relatives, and the majority rely on it, the spouse is not considered a close relative, but belongs to family members.

From a legal point of view, family members are people who are related by kinship and (or) affinity, who live together, and also lead a joint household.

According to a letter dated October 7, 2010 from the Russian Ministry of Finance, the ex-spouse is neither a close relative nor a family member.

And if a husband gave an expensive gift to his wife, and they were divorced at the time of filing the return, the ex-wife is not required to pay tax on the expensive gift. To do this, the ex-spouse must attach to her declaration to the tax authority documents indicating legal marriage at the time of receipt of the gift and a certificate of divorce.

Take care of yourself and carefully study the law! After all, ignorance does not relieve one from responsibility.

The concept of close relatives is often used in the current life of every person. In everyday life, such relatives are understood to be blood and step-relatives of the same or immediate generations.

The legislative definition is broader and more complex; it is reflected in the provisions of the Family Code and other legislative acts and is important in the exercise of inheritance rights, primarily when called upon by law.

The Family Code is an act of lawmaking that regulates relations between relatives. Determination of kinship is carried out in accordance with Art. 14 SK.

Blood ties can be expressed in the form of ascending and descending kinship, which implies kinship:

one generation (brother/sister);
neighboring generations (parents/child);
through a generation (grandfather, grandmother/grandchildren).

Brother, sister

A citizen's relationship with a brother or sister can be either. Full blood ties of these relatives are determined by the presence of both common parents. In the event that one of the parents is common, the brother is a close relative, as is the sister.

Husband wife

Citizens who have legally registered their relationship are recognized by current legislation as a family. In fact, there is not and cannot be a close relationship between spouses, because marriages are between relatives.

Marriage must be understood as a union, the consolidation of which is carried out by an agreement establishing the range of mutual rights and obligations of the spouses. Despite the fact that there is no blood relationship between the spouses, the surviving spouse is given the right of inheritance. This right ends upon divorce.

In fact, it is impossible to determine the degree of relationship between the spouses, but the law establishes their legal status, according to which the spouses are close relatives.

Grandmother grandfather

The blood relationship must connect the grandmother or grandfather to one of the parents, i.e. father or mother of a grandson or granddaughter. This relationship is considered close and is expressed as a connection through a generation.

Nephews

The question of whether a nephew is a close relative may be important in family and inheritance relations.

Despite the fact that nephews are children of sisters and brothers (consanguineous or step-brothers), they do not have the rights of close blood relatives that belong to such persons.

Is the mother-in-law a close relative?

Legislatively, the relationship between mother-in-law and son-in-law, as well as the relationship between mother-in-law and daughter-in-law, are defined as property. There is a family connection between a son-in-law and father-in-law/mother-in-law, and between a daughter-in-law and father-in-law/mother-in-law.

Despite the fact that there is no close relationship between these individuals, they can be considered one family.

How can an heir confirm his relationship?

Confirmation of kinship between close relatives, necessary for the purpose of receiving an inheritance, can be carried out by providing supporting documents, which include.

Where should I go?

You can obtain missing documents on kinship from the authorities, as well as from... If it is not possible to obtain documents on kinship, discrepancies in information in them, or in other cases, it is necessary to confirm the kinship.

In view of the fact that the period for accepting an inheritance is, it is necessary to begin legal proceedings as quickly as possible.

Required documents

The birth certificate of both can be used as documents confirming the relationship between a sister and brother. Adoption documents will have equal force.

Additionally, you can use the parents’ passports, which contain a note about the children.

The birth certificate will confirm the presence of family ties with the parents. You can prove your blood relationship with your grandparents by providing your own birth certificate and a similar document issued in the name of the parent. In this situation, documentation may be required confirming the fact of changing the surname upon marriage.

Drawing up an application

The first step to starting a trial is filing a statement of claim, which must reflect:

name of the court authorized to consider the case;
data of the plaintiff, defendant and interested parties;
description of all circumstances and information known about relatives;
justification of the need to confirm kinship;
the party's demand with reference to legislative norms.

The claim must be supported by existing documentation available to the plaintiff, on the basis of which the court can come to a conclusion about the presence or absence of kinship.

In order to avoid leaving the claim without progress, the plaintiff must pay in advance and attach a receipt for its payment to the claim sent to the court.

To substantiate the claims reflected in the claim, certain documentary materials must be attached to the document, including:

certificates confirming birth, death, marriage, divorce, change of name;
photos and videos;
correspondence;
certificates received at the place of residence;
medical reports on genetic relationship;
profiles, biographies, etc.

At the same time, the court can be provided with a certificate obtained from the person, indicating that the latter received a statement from the plaintiff about his intention to accept the inheritance.

Witness testimony may be important. Other relatives, acquaintances and people close to the family can take part as witnesses in the process.

On its own initiative or on the basis of requests from the parties to the case, the court has the right to request other evidence. They can be obtained from:

Civil registry offices;
archives;
educational and medical institutions;
place of employment.

Consultant answers to questions from our readers

How to prove relationship?

Our family has a plot at the Lublin cemetery. My uncle has been put in charge of it. On this moment buried there are the parents of my uncle and my mother, who were my grandparents, my grandmother’s sister and her husband.

Due to the fact that the uncle is in old age, he had a desire to place responsibility on me. When preparing the relevant documents, we were required to provide evidence of my relationship with the buried persons. Unfortunately, no documents about the relationship have been preserved.

IN family archives We only found a marriage certificate between grandparents. How can I prove my relationship? On the basis of what document am I obliged to prove it in relation to the buried? Will there be enough documents confirming your relationship with your uncle?

If it is necessary to re-register a burial place, the responsible person, i.e. Your uncle and you, as the new person in charge, must write an application for re-registration.

Such an application must be accompanied by documents on your part indicating your relationship with the buried. In the absence of such documents, the relationship will need to be proven in court.

Can relationship be proven?

Can't prove relationship. This must be done in order to receive an inheritance based on a will. The cause of the problem was a discrepancy between the entry in the birth certificate issued by the registry office and the register of the fact of my birth.

Today, I applied to the registry office for a duplicate due to the document being unusable (the part containing the entry number was torn off).

You can prove the existence of a relationship without a birth certificate only in court, with the presence of other evidence confirming your relationship, for example, DNA examination.

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