Family relationships are those areas of public life that are very difficult to regulate by law. But you cannot do without it, because the family, as you know, is the unit of society, it is the foundation of the state. What legislative acts in Russia contain family law?
The most important legislative act on which all other sources of family law are based is the Basic Law - the Constitution of Russia. Already in article 7 of the Basic Law, state support for the family is mentioned. Article 19 guarantees equal rights and freedoms for men and women, for all people, regardless of gender, nationality, religion, position, position in society.
Article 23 speaks of privacy, introduces such a thing as personal and family secrets. Article 38 directly relates to family relations: it proclaims that the state protects the family, motherhood and childhood, and parents are charged with the responsibility of caring for their children and raising them. Also in this article it is established that adult children are required to take care of parents who have lost their ability to work.
Speaks about family relations and article 72, in particular, its first paragraph. It is proclaimed here that the Russian Federation and its subjects jointly regulate issues of family law. This means that the autonomous republics, and districts, and regions, and Moscow, and St. Petersburg have the right to adopt laws in the field of family law, as well as to issue laws regulating issues that are not mentioned in the Family Code. Moreover, the norms set forth in these laws should not be at variance with the Family Code. The need to allow the subjects of the federation to have their own sources of family law was caused by the fact that different regions of the country have their own local characteristics that must be taken into account.
Speaking about legislative acts that contain norms in the field of family law, one cannot fail to say about international documents, which are also included in the legal system of Russia. These include the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, which the Russian parliament ratified on August 4, 1994, as well as the UN Convention on the Rights of the Child, which Russia announced its accession to in 1990. Also in this group It includes family law sources such as bilateral family agreements concluded by Russia with various states.
The main legislative act in the field of family law in the Russian Federation is the Family Code. It sets out the main provisions, gives a definition of this industry, develops issues related to the protection of the rights of family members. The code also regulates marriage issues: its conclusion and termination, establishes what rights and obligations spouses have, etc. And, of course, it details what rights and obligations parents and children have. A separate section is devoted to the regulation of family relations in which foreigners or stateless persons participate.
These are the basic laws governing family law. Sources of norms of this industry, as mentioned above, are accepted by the constituent entities of the Russian Federation. They are allowed to legislatively regulate such issues:
- establish the conditions under which marriage can be entered up to 16 years;
- determine whether spouses can choose a double surname at the time of marriage;
- on giving the child a surname and patronymic;
- regulate issues that local governments can decide in such areas as custody and guardianship of orphans;
- to establish the size of remuneration and benefits for adoptive parents.
Thus, the sources of family law of the Russian Federation are an extensive list of documents. These include not only laws, but also by-laws. Issues of this branch of law can be regulated by the president, government and other federal and regional bodies belonging to the executive branch. This is a brief overview of the question of what sources of family law govern relations in this industry in Russia.