The law gives a clear definition of someone you can consider close relatives. These are recognized by all relatives that follow in a straight line as part of from 1 to 3 generations. A detailed list of these individuals and references to the relevant legislation are discussed in the article.
The legislative framework
The main code regulating the questions of relations between relatives is family. It lists a complete list of close people who recognize the law.
Thus, under loved ones, only relatives are implied in a straight line (including brothers, sisters that have only one common parent). At the same time, the law does not recognize close people who separate 2 or more generations - great-grandmothers and great-grandmothers, etc.
A similar reference makes the Tax Code, which recognizes closest only those people listed in the above article.
At the same time, tax legislation expands the list of these persons who complement them:
- spouses (only consistent with official marriage);
- adoptive parents and adoptive children.
Exactly the same position adheres to criminal law:
In this way, full list of close relatives looks like that:
- These are children and parents (both biological and reception). The exception is the persons who have been deprived of parental rights.
- Grandpa, grandmothers and their grandchildren.
- Brothers and sisters both from 2 and with 1 shared parent.
- Spouses whose relationship is official.
Thus, there is no single list of close persons in modern Russian legislation. Therefore, as a basis, it is most often used that the position of the Family Code, which takes the basis of blood relations. Based on this, the husband and wife are not close relatives, even if they officially entered into marriage.
However, if we are talking about tax or criminal matters, the husband and wife are also included in this list. For example, if the apartment is presented to his wife, the tax from such a deal is not needed. Also, the spouses are entitled not to testify against each other in the criminal process.
It is important to keep in mind that the concept of a close relative is not equal to the concept of a family member. Most often a member is a close man, he is jointly the economy with other people living on the same territory (apartment, house). However, at their request, a person can live with different people, including those who are not his blood relatives.
Rights and obligations of close relatives
The definition of this concept is practical in terms of the legal status of native people, their mutual rights and responsibilities. They are entitled:
Also, these individuals have a certain range of responsibilities. However, the list of obligations is not established for all, but only for certain categories of close relatives:
- Parents and children have commitments to keep each other in disability. This period for children lasts up to 18 years (or before the end of the full-time form of any university), and for parents - starting from joining the retirement age. At the same time, children are exempt from parental content if the latter have been deprived of their rights (on a court decision).
- Also, the duties of parents include raising children, creating conditions for normal, full-fledged development in physical and psychological plan.
- Spouses acquire property during marriage, and all things are considered them, which in the case of a divorce (or during the marriage) is divided into half. However, this commitment can change - if in the marriage contract of her husband and wives, other conditions are spelled out.
- Along with this, legislation requires the spouses to take care of each other, treated with mutual respect. At the same time, the duties of joint residence of her husband and wife are not fixed.
