Quite often in different branches of law there is the concept of “close relatives”. But in the law there is no single concept and list of this category of persons. Some legal acts contain their own concept and an exhaustive list, while others directly refer to the norms of the RF IC. Therefore, it would be fair to consider the question of who are close relatives under the "Family Code of the Russian Federation."
General concept
In the context of family law, first-line relatives are considered to have direct connections in several generations of the same family. The law also contains a list of these persons.
Close relatives under the "Family Code of the Russian Federation" include:
- father, mother and their children;
- brothers and sisters are full-born (that is, born from the same parents) and half-born (who have one common parent);
- grandparents, their children and grandchildren.
Russian law works in such a way that in individual branches of law the concept of close kinship has its own meaning.
Features of the concept of close relationship
With a more detailed examination of the norms of family law, the following can be distinguished:
- Parents of the child, despite the fact that they are in a marital relationship, are not blood relatives, and all their legal rights and obligations are fixed only at the legislative level.
- The presence of consanguinity implies relations at the level of generally accepted, formed over the centuries of the existence of mankind as a whole and moral standards in a particular cultural society. In other words, in relation to close relatives, we are responsible not only before the law, but also before our conscience. Suppose a mother who improperly cares for her child, which poses a threat to his life and health, is subject not only to severe punishment by law, but also to censure by society.
- The closest relatives are legally bloodless, a relationship between them arising from the adoption of children. In accordance with family law, the adopted child is automatically assigned to close relatives, despite the complete absence of consanguinity. That is why, between adoptive parents and adopted children, marriage and any form of close relationship are strictly prohibited, except for parent-child relationships. This is dictated, again, by the accepted norms of morality, because not a single normal parent will a priori induce his child to cohabit.
- Not every blood relative will be considered close. The law has its own view on kinship in terms of family relations. For example, great-grandmothers and great-grandfathers, although they are blood relatives for their great-grandchildren and great-grandchildren, they are not considered close.
- A cousin and a second cousin of family members descending from a common ancestor are not recognized as close.
Rights and obligations arising from the concept of close kinship
The concept of close kinship in family law is not determined by chance.
Any connections between people, whether by virtue of kinship or by law, entail the emergence of certain rights and obligations.
The responsibilities of first-degree relatives are as follows:
- the implementation of appropriate care, education and training of their children;
- care and care for elderly parents;
- obligations arising from the marriage relationship of spouses.
In case of evasion of direct duties, the law provides for measures of influence on negligent relatives, such as:
- deprivation (restriction) of the rights of the parent;
- recovery from the parent of maintenance on minor children, and from children - on maintenance of parents (alimony), in some cases, and on one of the spouses;
- establishing the origin of children.
As measures to protect and ensure the future of children left for some reason without parental care, the following measures are provided:
- the possibility of adopting a child;
- registration of custody;
- protection of the rights of a minor and the possibility of assuming obligations related to the maintenance and upbringing of a child by the state.
Close relatives at inheritance
Close kinship relations established by law make it possible to obtain certain rights.
Close relatives under the "Family Code of the Russian Federation" 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.
Relatives of the first stage are: spouse, children, including adopted, and parents of the deceased. This is an exhaustive list by law. Grandparents, brothers and sisters, who are referred to close relatives by the Family Code of the Russian Federation, are called upon during the inheritance as part of the second stage of the heirs under the law.
Difference of concepts in the branches of law
The concept of close relatives is also found in other branches of law.
Unlike the “Family Code of the Russian Federation,” the criminal law, by its separate rules, classifies close relatives of the husband and wife, as well as their blood relatives.
The position of the branch of administrative law does not determine the exact concept of such kinship, but rather presumes a certain intermediate option, close to the concept of close relatives according to the "Family Code of the Russian Federation." The tax codified act is fully in agreement with this legal regulation and often its norms refer specifically to it.
Close ties involving violation of the law
Close family ties in transactions are often fictitious.
It is unlikely that the mother will sell her son (or vice versa) an apartment for its full market value. Since it is impossible to establish the fact of the transfer of funds, the understated price of the purchased property may be indicated in the contract of sale.
Such a trick is used, as a rule, when it is required to reduce the property tax from the sale of real estate.
If real estate that is sold by one relative to another is owned for five or more years before the time of sale (for real estate sold after 2016), the seller is exempt from paying thirteen percent tax on income received.
However, there is one significant caveat. The sale value of real estate should not be lower than the cadastral value of the property.
When plotting dishonest deals, it should be understood that if they are detected, the state will certainly punish you.
You will have to not only pay the tax on the real value of the property, but also a penalty.
In some cases, the transaction may be declared invalid and canceled.
Conclusion
It is important to understand that the concept of close kinship is defined by our family law to protect the rights of relatives of consanguineous and adopted children, and not to extract personal benefits and avoid responsibility.