Family Code of the Russian Federation of December 29, 1995. Section v. alimony obligations of family members

Family legislation proceeds from the need to strengthen the family, build family relations on feelings mutual love and respect, mutual assistance and responsibility before the family of all its members, the inadmissibility of arbitrary interference by anyone in the affairs of the family, ensuring the unhindered exercise by family members of their rights, the possibility of judicial protection of these rights.

3. The regulation of family relations is carried out in accordance with the principles of the voluntariness of the marriage of a man and a woman, equality of rights of spouses in the family, resolution of intra-family issues by mutual consent, priority family education children, taking care of their well-being and development, ensuring priority protection of the rights and interests of minors and disabled family members.

4. Any form of restriction of the rights of citizens when entering into marriage and in family relations on the basis of social, racial, national, linguistic or religious affiliation is prohibited.

The rights of citizens in the family can be limited only on the basis of federal law and only to the extent necessary in order to protect the morality, health, rights and legitimate interests of other family members and other citizens.

Family law sets out how to exercise and protect family rights, conditions and procedure for marriage, and, regulates personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted children), and in cases and within the limits provided for by family law, between other relatives and other persons, determines the procedure identification of children left without parental care, the form and procedure for their placement in a family, as well as their temporary placement, including in an organization for orphans and children left without parental care.

2. Family legislation consists of this Code and other federal laws (hereinafter referred to as laws) adopted in accordance with it, as well as laws of the constituent entities of the Russian Federation.

The laws of the constituent entities of the Russian Federation regulate family relations, which are specified in Article 2 of this Code, on issues attributed to the jurisdiction of the constituent entities of the Russian Federation by this Code, and on issues not directly regulated by this Code.

3. On the basis of and in pursuance of this Code, other laws, decrees of the President of the Russian Federation, the Government of the Russian Federation shall have the right to adopt normative legal acts in cases directly provided for by this Code, other laws, decrees of the President of the Russian Federation.

In the event that the relationship between family members is not regulated by family law or by agreement of the parties, and in the absence of civil law norms directly regulating these relations, such relations, if this does not contradict their essence, the family and (or) civil law norms governing similar relations (analogy of the law). In the absence of such norms, the rights and obligations of family members are determined on the basis of general principles and principles of family or civil law (analogy of law), as well as the principles of humanity, rationality and justice.

If an international treaty of the Russian Federation establishes rules other than those provided for by family legislation, the rules of the international treaty shall apply.

1. Citizens, at their own discretion, dispose of their rights arising from family relations (family rights), including the right to protect these rights, unless otherwise provided by this Code.

The exercise by family members of their rights and the performance of their duties must not violate the rights, freedoms and legitimate interests of other family members and other citizens.

2. Protection of family rights is carried out in the ways provided for by the relevant articles of this Code, as well as in other ways provided by law.

THE FEDERAL LAW

Family Code of the Russian Federation

Document with changes made:

Federal Law of June 3, 2006 No. 71-FZ

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THE FEDERAL LAW

Family Code of the Russian Federation

Document with changes made:

Federal Law No. 140-FZ of November 15, 1997;
Federal Law of June 27, 1998 No. 94-FZ;
Federal Law of January 2, 2000 No. 32-FZ;
Federal Law No. 122-FZ of August 22, 2004;
Federal Law of December 28, 2004 No. 185-FZ;
Federal Law of June 3, 2006 No. 71-FZ

SECTION I. GENERAL PROVISIONS

CHAPTER 1. FAMILY LAW

Article 1. Basic principles of family law

1. Family, motherhood, fatherhood and childhood in the Russian Federation are under the protection of the state.

Family legislation proceeds from the need to strengthen the family, build family relations based on feelings of mutual love and respect, mutual assistance and responsibility to the family of all its members, the inadmissibility of arbitrary interference by anyone in the affairs of the family, ensuring the unhindered exercise by family members of their rights, the possibility of judicial protection of these rights ...

2. A marriage entered into only in a civil registry office shall be recognized.

3. The regulation of family relations is carried out in accordance with the principles of the voluntariness of the marriage of a man and a woman, equality of the rights of spouses in the family, the resolution of intra-family issues by mutual consent, the priority of family education of children, concern for their welfare and development, ensuring priority protection of the rights and interests of minors and disabled family members.

4. Any form of restriction of the rights of citizens when entering into marriage and in family relations on the basis of social, racial, national, linguistic or religious affiliation is prohibited.

Article 2. Relationships governed by family law

Family legislation establishes the conditions and procedure for marriage, termination of marriage and its invalidation, regulates personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted children), and in cases and within the limits provided for by family law, between other relatives and other persons, and also determines the forms and procedure for placing children without parental care into a family.

Article 3. Family legislation and other acts containing

family law

1. In accordance with the Constitution of the Russian Federation, family law is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

The norms of family law contained in the laws of the constituent entities of the Russian Federation must comply with this Code.

3. On the basis of and in pursuance of this Code, other laws, decrees of the President of the Russian Federation, the Government of the Russian Federation has the right to adopt normative legal acts in cases directly provided for by this Code, other laws, decrees of the President of the Russian Federation.

Article 4. Application to family relations of civil

legislation

The property and personal non-property relations between family members named in Article 2 of this Code, which are not regulated by family legislation (Article 3 of this Code), shall be subject to civil legislation insofar as it does not contradict the essence of family relations.

Article 5. Application of family law and civil

legislation on family relations by analogy

Article 6. Family law and international law

If an international treaty of the Russian Federation establishes rules other than those provided for by family legislation, the rules of the international treaty shall apply.

SECTION IV. RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN

CHAPTER 10. ESTABLISHMENT OF ORIGIN OF CHILDREN

Article 47. Grounds for the emergence of rights and obligations

parents and children

The rights and obligations of parents and children are based on the origin of the children, certified in accordance with the procedure established by law.

Article 48. Establishing the origin of a child

1. The origin of the child from the mother (motherhood) is established on the basis of documents confirming the birth of the child by the mother in a medical institution, and in the case of the birth of a child outside a medical institution, on the basis of medical documents, testimony or other evidence.

2. If the child was born from persons who are married to each other, as well as within three hundred days from the date of the dissolution of the marriage, its invalidation or from the moment of the death of the spouse of the child's mother, the spouse is recognized as the father of the child ( former spouse) the mother, unless proven otherwise (Article 52 of this Code). The paternity of the spouse of the child's mother is certified by a marriage record.

3. The paternity of a person who is not married to the child's mother is established by submitting a joint application to the civil registry office by the child's father and mother: in the event of the mother's death, recognition of her as incompetent, the impossibility of establishing the mother's whereabouts or in case of deprivation of her parental rights - at the request of the child's father with the consent of the guardianship and guardianship authority, in the absence of such consent - by a court decision.

If there are circumstances giving grounds to assume that the filing of a joint application for establishing paternity may turn out to be impossible or difficult after the birth of a child, the unmarried parents of the unmarried child may submit such an application to the civil registry office during the mother's pregnancy. The registration of the parents of the child is made after the birth of the child.

4. Establishment of paternity in relation to a person who has reached the age of eighteen years (majority) is allowed only with his consent, and if he is recognized as legally incompetent, with the consent of his guardian or the guardianship and guardianship body.

Article 49. Establishment of paternity in court

In the event of the birth of a child to parents who are not married to each other, and in the absence of a joint statement by the parents or the statement of the child's father (paragraph 4 of Article 48 of this Code), the child's origin from a specific person (paternity) shall be established in court at the request of one of the parents, the guardian (custodian) of the child or at the request of the person who is dependent on the child, as well as at the request of the child himself upon reaching the age of majority. In this case, the court takes into account any evidence that reliably confirms the origin of the child from a specific person.

Article 50. Establishment of the fact of acknowledgment of paternity by the court

In the event of the death of a person who recognized himself as the father of the child, but was not married to the mother of the child, the fact of recognition of paternity by him may be established in court according to the rules established by civil procedural legislation.

Article 51. Entry of the child's parents in the register of births

1. The father and mother, who are married to each other, are recorded by the child's parents in the register of births at the request of any of them.

2. If the parents are not married to each other, the record about the mother of the child is made at the request of the mother, and the record about the father of the child - at the joint application of the father and mother of the child, or at the request of the father of the child (paragraph 4 of Article 48 of this Code), or the father recorded according to a court decision.

3. In the event of the birth of a child to an unmarried mother, in the absence of a joint statement by the parents or in the absence of a court decision on establishing paternity, the surname of the child's father in the birth register is recorded by the surname of the mother, the name and patronymic of the father of the child - at her direction.

4. Persons who are married and who have given their written consent to the use of the method of artificial insemination or to the implantation of an embryo, in the event of the birth of a child as a result of the application of these methods, are recorded by his parents in the birth register.

Persons who are married to each other and who have given their written consent to implantation of an embryo to another woman for the purpose of carrying it, can be registered as the child's parents only with the consent of the woman who gave birth to the child (surrogate mother).

Article 52. Contesting paternity (motherhood)

1. The entry of parents in the register of births, made in accordance with paragraphs 1 and 2 of Article 51 of this Code, may be challenged only in court at the request of the person recorded as the father or mother of the child, or the person who is actually the father or mother of the child , as well as the child himself upon reaching the age of majority, the guardian (curator) of the child, the guardian of the parent, recognized by the court as legally incompetent.

2. The claim of the person registered as the father of the child on the basis of paragraph 2 of Article 51 of this Code to contest paternity cannot be satisfied if at the time of the registration this person knew that he was not actually the father of the child.

3. A spouse who has given written consent to the use of the method of artificial insemination or implantation of an embryo in the manner prescribed by law shall not have the right to refer to these circumstances when challenging paternity.

Spouses who have consented to implantation of an embryo to another woman, and surrogate mother(part two of paragraph 4 of Article 51 of this Code) is not entitled to refer to these circumstances when challenging motherhood and paternity after the parents have made an entry in the register of births.

Article 53. Rights and obligations of children born of persons

unmarried

When establishing paternity in the manner prescribed-50 of this Code, children have the same rights and obligations in relation to parents and their relatives as children who are born of persons who are married to each other have.

CHAPTER 11. RIGHTS OF MINORS

Article 54. The right of a child to live and be raised in a family

1. A child is a person who has not reached the age of eighteen years (majority).

2. Every child has the right to live and be raised in a family, as far as possible, the right to know his parents, the right to their care, the right to live together with them, except in cases where this is contrary to his interests.

A child has the right to be raised by his parents, to ensure his interests, all-round development, and respect for his human dignity.

In the absence of parents, in case of deprivation of their parental rights and in other cases of loss of parental care, the child's right to be raised in a family is ensured by the guardianship and guardianship body in the manner prescribed by Chapter 18 of this Code.

Article 55. The child's right to communicate with parents and others

relatives

1. The child has the right to communicate with both parents, grandfather, grandmother, brothers, sisters and other relatives. Dissolution of the marriage of the parents, invalidation of marriage or separation of the parents do not affect the rights of the child.

In case of separation of parents, the child has the right to communicate with each of them. A child has the right to communicate with his parents also if they live in different states.

2. A child in an extreme situation (detention, arrest, detention, being in a medical institution, etc.) has the right to communicate with his parents and other relatives in the manner prescribed by law.

Article 56. The child's right to protection

1. The child has the right to defend his rights and legitimate interests.

The protection of the rights and legitimate interests of the child is carried out by the parents (persons replacing them), and in the cases provided for by this Code, by the guardianship and guardianship authority, the prosecutor and the court.

A minor recognized in accordance with the law as fully capable before reaching the age of majority has the right to independently exercise his rights and obligations, including the right to defense.

2. The child has the right to protection from abuse by the parents (persons replacing them).

If the rights and legitimate interests of the child are violated, including if the parents (one of them) fail to fulfill or improperly fulfill their responsibilities for raising, educating the child, or if parental rights are abused, the child has the right to independently apply for their protection to the guardianship and guardianship authority, and reaching the age of fourteen in court.

3. Officials of organizations and other citizens who become aware of the threat to the life or health of the child, violation of his rights and legitimate interests, are obliged to report this to the guardianship and guardianship authority at the place of actual location of the child. Upon receipt of such information, the guardianship and trusteeship body is obliged to take necessary measures to protect the rights and legitimate interests of the child.

Article 57. The right of the child to express his opinion

The child has the right to express his opinion in the decision in the family of any issue affecting his interests, as well as to be heard in any judicial or administrative proceedings. Taking into account the opinion of a child who has reached the age of ten is mandatory, unless it is contrary to his interests. In the cases provided for by this Code (Articles 59, 72, 132, 134, 136, 143, 154), the guardianship and guardianship authorities or the court can make a decision only with the consent of a child who has reached the age of ten.

Article 58. The right of a child to a given name, patronymic and surname

1. The child has the right to name, patronymic and surname.

2. The name is given to the child by agreement of the parents, the patronymic is assigned by the name of the father, unless otherwise provided by the laws of the constituent entities of the Russian Federation or based on national custom.

3. The surname of the child is determined by the surname of the parents. With different surnames of the parents, the child is assigned the surname of the father or the surname of the mother by agreement of the parents, unless otherwise provided by the laws of the constituent entities of the Russian Federation.

4. In the absence of an agreement between the parents regarding the name and (or) surname of the child, the arisen disagreements shall be resolved by the guardianship and guardianship authority.

5. If paternity is not established, the name is given to the child at the direction of the mother, the patronymic is assigned by the name of the person recorded as the father of the child (paragraph 3 of Article 51 of this Code), the surname - by the surname of the mother.

Article 59. Changing the name and surname of the child

1. At the joint request of the parents, before the child reaches the age of fourteen, the guardianship and trusteeship body, based on the interests of the child, has the right to allow the child's name to be changed, as well as to change the surname assigned to him to the surname of the other parent

2. If the parents live separately and the parent with whom the child lives wants to give him his last name, the guardianship and trusteeship body resolves this issue depending on the interests of the child and taking into account the opinion of the other parent. Taking into account the opinion of the parent is not necessary if it is impossible to establish his location, deprivation of his parental rights, recognition as incapacitated, as well as in cases of the parent's evasion without good reason from the upbringing and maintenance of the child.

3. If the child is born of persons who are not married to each other, and paternity has not been legally established, the guardianship and trusteeship body, based on the interests of the child, has the right to allow changing his surname to the mother's surname, which she bears at the time of making such a request.

4. The name and (or) surname of a child who has reached the age of ten may be changed only with his consent.

Article 60. Property rights of a child

1. A child has the right to receive support from his parents and other family members in the manner and in the amount established by Section V of this Code.

2. Amounts due to the child as alimony, pensions, benefits, are at the disposal of the parents (persons replacing them) and are spent by them on the maintenance, upbringing and education of the child.

The court, at the request of the parent, who is obliged to pay alimony for minor children, has the right to make a decision to transfer no more than fifty percent of the amount of alimony payable to accounts opened in the name of minor children in banks.

3. The child has the right of ownership to the income received by him, property received by him as a gift or by way of inheritance, as well as to any other property acquired at the expense of the child.

The child's right to dispose of the property belonging to him by right of ownership is determined by Articles 26 and 28 of the Civil Code of the Russian Federation.

When the parents exercise their powers to manage the child's property, they are subject to the rules established by civil legislation in relation to the disposal of the ward's property (Article 37 of the Civil Code of the Russian Federation).

4. The child does not have the right of ownership of the property of the parents, the parents do not have the right of ownership of the property of the child. Children and parents living together can own and use each other's property by mutual agreement.

5. In the event that the right to common property of parents and children arises, their rights to own, use and dispose of common property shall be determined by civil legislation.

CHAPTER 12. RIGHTS AND OBLIGATIONS OF PARENTS

Article 61. Equality of rights and obligations of parents

1. Parents have equal rights and have equal responsibilities in relation to their children (parental rights).

2. The parental rights provided for in this Chapter shall terminate upon reaching the age of eighteen (majority) by children, as well as upon marriage of minor children and in other cases established by law when children acquire full legal capacity before they reach the age of majority.

Article 62. Rights of minor parents

1. Minor parents have the right to live together with a child and participate in his upbringing.

2. Unmarried underage parents, in the event of the birth of a child and when their motherhood and (or) paternity is established, have the right to independently exercise parental rights upon reaching the age of sixteen years. Until the minor parents reach the age of sixteen, the child may be assigned a guardian who will carry out his upbringing together with the minor parents of the child. Disagreements arising between the child's guardian and minor parents are resolved by the guardianship and guardianship authority.

3. Minor parents have the right to recognize and challenge their paternity and motherhood on a general basis, and also have the right to demand, upon reaching the age of fourteen, the establishment of paternity in relation to their children in court.

Article 63. Rights and obligations of parents in education

and education of children

1. Parents have the right and responsibility to educate their children.

Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.

Parents have priority over all other persons in the upbringing of their children.

2. Parents are obliged to ensure that their children receive basic general education.

Parents, taking into account the opinion of their children, have the right to choose an educational institution and a form of education for their children before their children receive basic general education.

Article 64. Rights and obligations of parents to protect

children's rights and interests

1. Protection of the rights and interests of children is assigned to their parents.

Parents are legal representatives their children and advocate for their rights and interests in relations with any individuals and legal entities, including in courts, without special powers.

2. Parents do not have the right to represent the interests of their children if the guardianship and guardianship authority has established that there are contradictions between the interests of parents and children. In case of disagreement between parents and children, the guardianship and guardianship body is obliged to appoint a representative to protect the rights and interests of children.

Article 65. Exercise of parental rights

1. Parental rights cannot be exercised in contradiction with the interests of children. Safeguarding the interests of children should be the primary concern of their parents.

When exercising parental rights, parents have no right to harm the physical and mental health of children, their moral development... Methods for raising children should be free from derogatory, cruel, rude, degrading treatment, abuse or exploitation of children.

Parents who exercise parental rights to the detriment of the rights and interests of children are liable in the manner prescribed by law.

2. All issues related to the upbringing and education of children are decided by the parents by their mutual consent, based on the interests of the children and taking into account the opinion of the children. Parents (one of them), if there are disagreements between them, have the right to apply for the resolution of these disagreements to the guardianship and guardianship authority or to the court.

3. The place of residence of children in case of separation of parents shall be established by agreement of the parents.

In the absence of an agreement, the dispute between the parents shall be resolved by the court proceeding from the interests of the children and taking into account the opinion of the children. At the same time, the court takes into account the child's attachment to each of the parents, brothers and sisters, the child's age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child for upbringing and development (occupation, work schedule of parents , financial and marital status of parents and others).

Article 66. Exercise of parental rights by a parent,

living separately from the child

1. A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education.

The parent with whom the child lives should not interfere with the child's communication with the other parent, if such communication does not harm the child's physical and mental health, his moral development.

2. Parents have the right to conclude in writing an agreement on the procedure for exercising parental rights by a parent living separately from the child.

If the parents cannot come to an agreement, the dispute is resolved by a court with the participation of the guardianship and guardianship authority at the request of the parents (one of them).

3. In case of failure to comply with the court decision, the guilty parent shall be subject to the measures provided for by the civil procedural legislation. In case of malicious failure to comply with the court decision, the court, at the request of the parent who lives separately from the child, may decide to transfer the child to him based on the interests of the child and taking into account the opinion of the child.

4. A parent living separately from a child has the right to receive information about his child from educational institutions, medical institutions, social welfare institutions and other similar institutions. Information can be refused only if there is a threat to the child's life and health from the parent. Refusal to provide information can be challenged in court.

Article 67. The right to communicate with a child of a grandfather, grandmother,

brothers, sisters and other relatives

1. Grandfather, grandmother, brothers, sisters and other relatives have the right to communicate with the child.

2. If the parents (one of them) refuse to provide the child's close relatives with the opportunity to communicate with him, the guardianship and guardianship body may oblige the parents (one of them) not to interfere with this communication.

3. If the parents (one of them) do not obey the decision of the guardianship and guardianship body, close relatives of the child or the guardianship and guardianship body have the right to apply to the court with a claim to remove obstacles to communication with the child. The court resolves the dispute based on the interests of the child and taking into account the opinion of the child.

In case of failure to comply with the court decision, the guilty parent is subject to the measures provided for by the civil procedural legislation.

Article 68. Protection of parental rights

1. Parents have the right to demand the return of the child from any person who keeps him or her not on the basis of the law or on the basis of a court decision. In the event of a dispute, the parents have the right to apply to the court for the protection of their rights.

When considering these claims, the court has the right, taking into account the child's opinion, to refuse to satisfy the parents' claim if it comes to the conclusion that the transfer of the child to the parents is not in the child's interests.

2. If the court has established that neither the parents nor the person with the child is able to ensure his proper upbringing and development, the court shall transfer the child to the care of the guardianship and guardianship body.

Article 69. Deprivation of parental rights

A parent (one of them) may be deprived of parental rights if they:

avoid fulfilling the duties of parents, including in the case of malicious evasion from the payment of alimony;

refuse, without good reason, to take their child from a maternity hospital (department) or from another medical institution, an educational institution, an institution for social protection of the population or from other similar institutions;

abuse their parental rights;

cruel treatment of children, including physical or mental violence against them, encroachment on their sexual integrity;

are sick with chronic alcoholism or drug addiction;

committed a deliberate crime against the life or health of their children or against the life or health of a spouse.

Article 70. Procedure for deprivation of parental rights

1. Deprivation of parental rights is carried out in court.

Cases of deprivation of parental rights are considered at the request of one of the parents (persons replacing them), the prosecutor, as well as at the request of the bodies or institutions entrusted with the duties of protecting the rights of minors (guardianship and guardianship bodies, commissions for minors, institutions for orphans and children left without parental care, and others).

2. Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and guardianship authority.

3. When considering a case on deprivation of parental rights, the court decides the issue of collecting alimony for a child from parents (one of them) who have been deprived of parental rights.

4. If the court, when considering the case on deprivation of parental rights, discovers signs of a criminal offense in the actions of the parents (one of them), it is obliged to notify the prosecutor of this.

5. The court is obliged, within three days from the date of entry into force of the court decision on deprivation of parental rights, send an extract from this court decision to the civil registry office at the place state registration birth of a child.

Article 71. Consequences of deprivation of parental rights

1. Parents deprived of parental rights lose all rights based on the fact of kinship with a child in respect of whom they have been deprived of parental rights, including the right to receive content from him (Article 87 of this Code), as well as the right to benefits and state benefits established for citizens with children.

2. Deprivation of parental rights does not relieve parents from the obligation to support their child.

3. Question about the future cohabitation child and parents (one of them), deprived of parental rights, is decided by the court in the manner prescribed by housing legislation.

4. A child in respect of whom the parents (one of them) have been deprived of parental rights retains the right of ownership of the dwelling or the right to use the dwelling, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receiving an inheritance.

5. If it is impossible to transfer the child to another parent or in case of deprivation of the parental rights of both parents, the child shall be transferred to the care of the guardianship and trusteeship body.

6. Adoption of a child in case of deprivation of parents (one of them) of parental rights is allowed not earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.

Article 72. Restoration of parental rights

1. Parents (one of them) can be restored in parental rights in cases where they have changed their behavior, lifestyle and (or) attitude towards raising a child.

2. Restoration of parental rights is carried out in court at the request of a parent who has been deprived of parental rights. Cases on restoration of parental rights are considered with the participation of the guardianship and guardianship authority, as well as the prosecutor.

3. Simultaneously with the application of the parents (one of them) for the restoration of parental rights, the demand for the return of the child to the parents (one of them) may be considered.

4. The court shall have the right, taking into account the child's opinion, to refuse to satisfy the claim of the parents (one of them) for the restoration of parental rights, if restoration of parental rights is contrary to the interests of the child.

Restoration of parental rights in relation to a child who has reached the age of ten is possible only with his consent.

Restoration of parental rights is not allowed if the child is adopted and the adoption is not canceled (Article 140 of this Code).

Article 73. Restriction of parental rights

1. The court may, taking into account the interests of the child, decide to take the child away from the parents (one of them) without depriving them of their parental rights (restricting parental rights).

2. Restriction of parental rights is allowed if leaving the child with the parents (one of them) is dangerous for the child due to circumstances beyond the control of the parents (one of them) (mental disorder or other chronic disease, a combination of difficult circumstances, and others).

Restriction of parental rights is also allowed in cases where leaving the child with the parents (one of them) due to their behavior is dangerous for the child, but sufficient grounds for depriving the parents (one of them) of parental rights have not been established. If the parents (one of them) do not change their behavior, the guardianship and trusteeship body, after six months after the court made a decision to restrict parental rights, is obliged to file a claim for deprivation of parental rights. In the interests of the child, the guardianship and trusteeship body has the right to file a claim for the deprivation of the parents (one of them) of parental rights before the expiration of this period.

3. A claim for restriction of parental rights may be brought by close relatives of the child, bodies and institutions entrusted by law to protect the rights of minor children (paragraph 1 of Article 70 of this Code), preschool educational institutions, general education institutions and other institutions, as well as the prosecutor ...

4. Cases on restriction of parental rights are considered with the participation of the prosecutor and the guardianship and guardianship authority.

5. When considering a case on restricting parental rights, the court decides the issue of collecting alimony for a child from the parents (one of them).

6. The court shall be obliged, within three days from the date of entry into force of a court decision on restricting parental rights, to send an extract from such a court decision to the civil registry office at the place of state registration of the child's birth.

Article 74. Consequences of restriction of parental rights

1. Parents whose parental rights are limited by the court lose the right to personal upbringing of the child, as well as the right to benefits and state benefits established for citizens with children.

2. Restriction of parental rights does not relieve parents from the obligation to support the child.

3. A child in respect of whom the parents (one of them) are limited in parental rights retains the right of ownership of the dwelling or the right to use the dwelling, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receive an inheritance.

4. In case of restriction of the parental rights of both parents, the child is transferred to the care of the guardianship and guardianship body.

Article 75. Contacts of the child with the parents,

whose parental rights are limited by the court

Parents whose parental rights have been restricted by a court may be allowed contact with the child, as long as this does not have a harmful effect on the child. Contacts of parents with a child are allowed with the consent of the guardianship and guardianship authority or with the consent of the guardian (curator), foster parents of the child or the administration of the institution in which the child is.

Article 76. Cancellation of restriction of parental rights

1. If the grounds by virtue of which the parents (one of them) were limited in parental rights have disappeared, the court, at the suit of the parents (one of them), may decide to return the child to the parents (one of them) and to cancel the restrictions provided for in Article 74 of this Code.

2. The court, taking into account the opinion of the child, has the right to refuse to satisfy the claim if the return of the child to the parents (one of them) is contrary to his interests.

Article 77. Taking away a child in case of imminent threat

the child's life or health

1. In the event of an immediate threat to the child's life or health, the guardianship and trusteeship body has the right to immediately take the child away from the parents (one of them) or from other persons in whose care he is.

Immediate removal of the child is carried out by the guardianship and guardianship body on the basis of the relevant act of the local government.

2. When taking away a child, the guardianship and trusteeship body is obliged to immediately notify the prosecutor, ensure the temporary placement of the child and, within seven days after the local government issues an act on the removal of the child, apply to the court with a claim to deprive the parents of parental rights or to restrict their parental rights.

Article 78. Participation of the guardianship and trusteeship body

when the court is considering disputes related to the upbringing of children

1. When the court is considering disputes related to the upbringing of children, regardless of who brought the claim in defense of the child, the guardianship and guardianship authority must be involved in the case.

2. The guardianship and trusteeship body is obliged to conduct an examination of the living conditions of the child and the person (persons) applying for his upbringing, and submit to the court the report of the examination and the conclusion on the merits of the dispute based on it.

Article 79. Execution of court decisions in cases

parenting

1. The execution of court decisions in cases related to the upbringing of children is carried out by a bailiff in the manner prescribed by civil procedural legislation.

If the parent (another person in whose care the child is) interferes with the execution of the court decision, the measures provided for by the civil procedural legislation are applied to him.

2. Enforcement of decisions related to the removal of a child and transferring it to another person (persons) must be carried out with the obligatory participation of the guardianship and guardianship authority and the participation of the person (persons) to whom the child is transferred, and, if necessary, with the participation of a representative of the internal affairs bodies.

If it is impossible to enforce the court decision on the transfer of the child without prejudice to his interests, the child may, by court ruling, be temporarily placed in an educational institution, a medical institution, an institution for social protection of the population or another similar institution.

SECTION V. ALIMENTARY OBLIGATIONS OF FAMILY MEMBERS

CHAPTER 13. ALIMENTARY OBLIGATIONS OF PARENTS AND CHILDREN

Article 80. Obligations of parents for maintenance

minor children

1. Parents are obliged to support their minor children. The procedure and form of providing maintenance to minor children are determined by the parents independently.

Parents have the right to conclude an agreement on the maintenance of their minor children (an agreement on the payment of alimony) in accordance with Chapter 16 of this Code.

2. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) shall be collected from the parents in court.

3. In the absence of an agreement between the parents on the payment of alimony, in the absence of maintenance for minor children and in the failure to bring a claim to the court, the guardianship and trusteeship body has the right to bring a claim for the recovery of alimony for minor children to their parents (one of them).

SECTION VI. FORMS OF EDUCATION OF CHILDREN,

CHAPTER 18. IDENTIFICATION AND DEVICE OF CHILDREN,

Article 121. Protection of the rights and interests of children,

left without parental care

1. Protection of the rights and interests of children in cases of death of parents, deprivation of their parental rights, restriction of their parental rights, recognition of parents as incompetent, illness of parents, long absence of parents, parents' evasion from raising children or from protecting their rights and interests, including if parents refuse to take their children from educational institutions, medical institutions, social protection institutions and other similar institutions, as well as in other cases of lack of parental care, the custody and guardianship authorities are assigned.

The guardianship and trusteeship authorities identify children left without parental care, keep records of such children and, based on the specific circumstances of the loss of parental care, choose the forms of placing children without parental care (Article 123 of this Code), and also exercise subsequent control over the conditions of their detention, upbringing and education.

The activities of others, except for the guardianship and guardianship authorities, legal entities and individuals to identify and arrange children left without parental care is not allowed.

2. The bodies of guardianship and trusteeship are local self-government bodies. The organization and activities of local self-government bodies for the implementation of guardianship and trusteeship over children left without parental care are determined by these bodies on the basis of the charters of municipalities in accordance with the laws of the constituent entities of the Russian Federation, this Code, the Civil Code of the Russian Federation.

Article 122. Identification and registration of children,

left without parental care

1. Officials of institutions (preschool educational institutions, general education institutions, medical institutions and other institutions) and other citizens who have information about the children specified in paragraph 1 of Article 121 of this Code are obliged to inform the guardianship and guardianship authorities at the place of their actual location children.

The body of guardianship and trusteeship, within three days from the date of receipt of such information, is obliged to conduct an examination of the living conditions of the child and, when establishing the fact of the lack of custody of his parents or his relatives, to ensure the protection of the rights and interests of the child until the issue of his accommodation is resolved.

2. The heads of educational institutions, medical institutions, social welfare institutions and other similar institutions in which children left without parental care are kept shall be obliged within seven days from the day they learned that the child can be placed in a family for foster care, report this to the guardianship and trusteeship authority at the location of the institution.

3. The guardianship and trusteeship body, within a month from the date of receipt of the information specified in paragraphs 1 and 2 of this article, ensures the placement of the child () and if it is impossible to transfer the child to a family for upbringing, sends information about such a child after the expiration of the specified period to the relevant executive authority of the constituent entity of the Russian Federation for registration in the regional data bank about children left without parental care.

The executive body of the constituent entity of the Russian Federation, within a month from the date of receipt of information about the child, organizes his placement in a family of citizens living on the territory of the given constituent entity of the Russian Federation, and in the absence of such an opportunity, sends the specified information to the federal executive body determined by the Government of the Russian Federation for registering in the federal data bank about children left without parental care, and rendering assistance in the subsequent placement of a child for upbringing in a family of citizens of the Russian Federation permanently residing in the territory of the Russian Federation.

Regional databanks of children without parental care and the federal databank of children without parental care constitute the state databank of children without parental care.

The order of formation and use state bank data on children left without parental care is determined by federal law.

4. For failure to fulfill the obligations provided for in paragraphs 2 and 3 of this article, for the provision of deliberately false information, as well as for other actions aimed at hiding a child from being placed in a family for foster care, heads of institutions and officials specified in paragraphs 2 and 3 of this article bodies are held accountable in the manner prescribed by law.

Article 123. Arrangement of children left without parental care

1. Children left without parental care are subject to transfer to a family for upbringing (for adoption (adoption), under guardianship (guardianship) or in foster family), and in the absence of such an opportunity in institutions for orphans or children left without parental care, of all types (educational institutions, including family-type children's homes, medical institutions, social welfare institutions and other similar institutions).

Other forms of placement of children left without parental care may be provided for by the laws of the constituent entities of the Russian Federation.

When placing a child, his ethnic origin, belonging to a particular religion and culture must be taken into account, native language, the possibility of ensuring continuity in upbringing and education.

2. Until the placement of children left without parental care for upbringing in a family or in institutions specified in paragraph 1 of this article, the duties of a guardian (curator) of children are temporarily assigned to the guardianship and guardianship authorities.

CHAPTER 19. ADOPTION OF CHILDREN

Article 124. Children in respect of whom

adoption is allowed

2. Adoption is allowed in relation to minor children and only in their interests, subject to the requirements of paragraph three of paragraph 1 of Article 123 of this Code, and also taking into account the possibilities to provide children with full physical, mental, spiritual and moral development.

3. Adoption of siblings by different persons is not allowed, except in cases where adoption is in the interests of children.

4. Adoption of children by foreign citizens or stateless persons is allowed only in cases where it is not possible to transfer these children to the families of citizens of the Russian Federation permanently residing on the territory of the Russian Federation, or to be adopted by the relatives of children, regardless of the citizenship and place of residence of these relatives. ...

Children can be transferred for adoption to citizens of the Russian Federation permanently residing outside the territory of the Russian Federation, foreign citizens or stateless persons who are not relatives of children, after six months from the date of receipt of information about such children in the federal databank of children left without parental care, in accordance with paragraph 3 of Article 122 of this.

Article 125. Procedure for the adoption of a child

1. Adoption is carried out by the court at the request of a person (person) wishing to adopt a child. Consideration of cases on establishing the adoption of a child is carried out by the court in the order of special proceedings according to the rules provided for by the civil procedural legislation.

Cases on establishing the adoption of children are considered by the court with the obligatory participation of the adoptive parents themselves, the guardianship and guardianship authorities, as well as the prosecutor.

2. To establish the adoption of a child, a conclusion of the guardianship and trusteeship authority is required on the validity of the adoption and on its compliance with the interests of the adopted child, indicating information about the fact of personal communication of the adoptive parents (adoptive parent) with the adopted child.

The procedure for transferring children for adoption, as well as monitoring the living conditions and raising children in adoptive families on the territory of the Russian Federation, is determined by the Government of the Russian Federation.

3. The rights and obligations of the adoptive parent and the adopted child (Article 137 of this Code) arise from the date of entry into force of the court decision establishing the adoption of the child.

The court is obliged, within three days from the date of entry into force of the court decision on the establishment of the child's adoption, send an extract from this court decision to the civil registry office at the place of the decision.

The adoption of a child is subject to state registration in accordance with the procedure established for state registration of acts of civil status.

Article 126. Registration of children subject to adoption and persons

wishing to adopt children

1. Registration of children subject to adoption shall be carried out in accordance with the procedure established by paragraph 3 of Article 122 of this Code.

2. Registration of persons wishing to adopt children is carried out in the manner determined by the executive authorities of the constituent entities of the Russian Federation.

Registration of foreign citizens and stateless persons wishing to adopt children who are citizens of the Russian Federation is carried out by the executive bodies of the constituent entities of the Russian Federation or by the federal executive body (paragraph 3 of Article 122 of this Code).

Article 126.1. Inadmissibility of mediation

for the adoption of children

1. Intermediary activities for the adoption of children, that is, any activity of other persons in order to select and transfer children for adoption on behalf and in the interests of persons wishing to adopt children, is not allowed.

2. It is not an intermediary activity for the adoption of children, the activity of guardianship and guardianship authorities and executive authorities in fulfilling their duties to identify and arrange children left without parental care, as well as the activities of bodies or organizations specially authorized by foreign states for the adoption of children, which is carried out on the territory of the Russian Federation by virtue of an international treaty of the Russian Federation or on the basis of the principle of reciprocity. The bodies and organizations specified in this clause cannot pursue commercial goals in their activities.

The procedure for the activities of bodies and organizations of foreign states for the adoption of children on the territory of the Russian Federation and the procedure for monitoring its implementation are established by the Government of the Russian Federation on the proposal of the Ministry of Justice of the Russian Federation and the Ministry of Foreign Affairs of the Russian Federation.

3. Obligatory personal participation of persons (persons) wishing to adopt a child in the adoption process does not deprive them of the right to have their own representative at the same time, whose rights and obligations are established by civil and civil procedural legislation, as well as to use the services of an interpreter, if necessary.

4. Responsibility for the implementation of intermediary activities for the adoption of children is established by the legislation of the Russian Federation

Article 127. Persons entitled to be adoptive parents

1. Adopters can be adults of both sexes, with the exception of:

spouses, one of whom is recognized by the court as incapable or partially incapacitated;

persons removed from the duties of a guardian (curator) for improper performance of the duties assigned to him by law;

persons who, for health reasons, cannot exercise parental rights. The list of diseases in the presence of which a person cannot adopt a child, take him under guardianship (guardianship), take him into a foster family is established by the Government of the Russian Federation;

persons who, at the time of establishment of adoption, do not have income that provides the adopted child living wage established in the constituent entity of the Russian Federation, on the territory of which the adoptive parents (adoptive parent) live;

persons who do not have a permanent place of residence;

persons who, at the time of establishment of adoption, have a conviction for an intentional crime against the life or health of citizens;

persons living in residential premises that do not meet sanitary and technical rules and regulations.

1.1. When making a decision on the adoption of a child, the court shall have the right to deviate from the provisions established by paragraphs eight and eleven of paragraph 1 of this article, taking into account the interests of the child being adopted and circumstances deserving attention.

1.2. The provisions established by paragraphs eight and eleven of clause 1 of this article do not apply to the stepfather (stepmother) of the adopted child.

2. Persons who are not married to each other cannot jointly adopt the same child.

Article 128. Difference in age between the adoptive parent

and the adopted child

1. The age difference between the unmarried adoptive parent and the child being adopted must be at least sixteen years old. For reasons deemed valid by the court, the age difference may be reduced.

2. When a child is adopted by a stepfather (stepmother), the difference in age established by paragraph 1 of this article is not required.

Article 129. Consent of parents to adoption of a child

1. For the adoption of a child, the consent of his parents is required. When adopting a child of minor parents under the age of sixteen, the consent of their parents or guardians (trustees) is also required, and in the absence of parents or guardians (trustees) - the consent of the guardianship and trusteeship body.

The parents' consent to the adoption of a child must be expressed in a statement notarized or certified by the head of the institution in which the child is left without parental care, or by the guardianship and guardianship authority at the place of adoption of the child or at the place of residence of the parents, and can also be expressed directly in court in the course of adoption.

2. Parents have the right to revoke their consent to the adoption of a child prior to a court decision on his adoption.

3. Parents can consent to the adoption of a child by a specific person or without specifying a specific person. Parents' consent to the adoption of a child can only be given after the child is born.

Article 130. Adoption of a child without parental consent

The consent of the child's parents for his adoption is not required if they:

unknown or recognized as missing by the court;

recognized by the court as legally incompetent;

have been deprived of parental rights by the court (subject to the requirements of paragraph 6 of Article 71 of this Code);

for reasons recognized by the court as disrespectful, they do not live with the child for more than six months and evade his upbringing and maintenance.

Article 131. Consent to the adoption of children of guardians (trustees),

adoptive parents, heads of institutions,

in which there are children left without parental care

1. For the adoption of children under guardianship (guardianship), the consent in writing of their guardians (trustees) is required.

For the adoption of children in foster families, the written consent of the adoptive parents is required.

For the adoption of children left without parental care and who are in educational institutions, medical institutions, social welfare institutions and other similar institutions, the written consent of the heads of these institutions is required.

2. The court shall have the right, in the interests of the child, to make a decision on his adoption without the consent of the persons specified in paragraph 1 of this article.

Article 132. Consent of the adopted child to adoption

1. For the adoption of a child who has reached the age of ten, his consent is required.

2. If, prior to the submission of the application for adoption, the child lived in the adoptive parent's family and considers him to be his parent, adoption, as an exception, may be made without obtaining the consent of the adopted child.

Article 133. Consent of the spouse of the adoptive parent to the adoption of the child

1. When a child is adopted by one of the spouses, the consent of the other spouse is required for the adoption, if the child is not adopted by both spouses.

2. The spouse's consent to the adoption of a child is not required if the spouses have terminated family relations, do not live together for more than a year and the place of residence of the other spouse is unknown.

Article 134. Name, patronymic and surname of the adopted child

1. The adopted child retains his name, patronymic and surname.

2. At the request of the adoptive parent, the adopted child shall be assigned the name of the adoptive parent, as well as the name indicated by him. The patronymic of an adopted child is determined by the name of the adoptive parent, if the adoptive parent is a man, and when a child is adopted by a woman, by the name of the person indicated by her as the father of the adopted child. If the surnames of the adoptive parents are different, by agreement of the adoptive spouses, the adopted child shall be assigned the surname of one of them.

3. When a child is adopted by an unmarried person, at his request, the surname, name and patronymic of the mother (father) of the adopted child shall be recorded in the birth register at the direction of this person (adoptive parent).

4. The change of the last name, first name and patronymic of an adopted child who has reached the age of ten may be made only with his consent, except for the cases provided for by paragraph 2 of Article 132 of this Code.

5. The change of the last name, first name and patronymic of the adopted child is indicated in the court decision on his adoption.

Article 135. Change of date and place of birth of an adopted child

1. To ensure the secrecy of adoption, at the request of the adoptive parent, the date of birth of the adopted child may be changed, but not more than by three months, as well as the place of his birth.

Changing the date of birth of an adopted child is allowed only when adopting a child under the age of one year.

2. Changes in the date and (or) place of birth of the adopted child shall be indicated in the court decision on his adoption.

Article 136. Registration of adoptive parents as

parents of the adopted child

1. At the request of the adoptive parents, the court may decide to record the adoptive parents in the birth register as the parents of the child they have adopted.

2. To make such an entry in relation to an adopted child who has reached the age of ten, his consent is required, except for the cases provided for by paragraph 2 of Article 132 of this Code.

3. The need to make such an entry is indicated in the court decision on the adoption of the child.

Article 137. Legal consequences of the adoption of a child

1. Adopted children and their offspring in relation to adoptive parents and their relatives, and adoptive parents and their relatives in relation to adopted children and their offspring are equal in personal non-property and property rights and obligations to relatives by descent.

2. Adopted children lose their personal non-property and property rights and are released from obligations in relation to their parents (their relatives).

3. When a child is adopted by one person, personal non-property and property rights and obligations may be retained at the request of the mother, if the adoptive parent is a man, or at the request of the father, if the adoptive parent is a woman.

4. If one of the parents of the adopted child has died, then at the request of the parents of the deceased parent (grandfather or grandmother of the child), personal non-property and property rights and obligations in relation to the relatives of the deceased parent may be preserved, if the interests of the child so require. The right of the relatives of the deceased parent to communicate with the adopted child shall be exercised in accordance with Article 67 of this Code.

5. The preservation of the relationship of the adopted child with one of the parents or with the relatives of the deceased parent is indicated in the court decision on the adoption of the child.

6. The legal consequences of the adoption of a child, provided for in paragraphs 1 and 2 of this article, occur regardless of the registration of the adoptive parents as parents in the birth certificate of this child.

Article 138. Retention for an adopted child

pension rights and benefits

A child who, at the time of his adoption, has the right to a pension and benefits due to him in connection with the death of his parents, retains this right also upon his adoption.

Article 139. Secrecy of adoption of a child

1. The secret of the adoption of a child is protected by law.

The judges who made the decision on the adoption of the child, or the officials who carried out the state registration of the adoption, as well as the persons who are otherwise aware of the adoption, are obliged to keep the secret of the adoption of the child.

2. The persons specified in paragraph 1 of this article, who divulged the secret of the adoption of a child against the will of his adoptive parents, are brought to justice in accordance with the procedure established by law.

Article 140. Cancellation of adoption of a child

1. Cancellation of the adoption of a child is made in court.

2. The case on cancellation of the adoption of a child is considered with the participation of the guardianship and guardianship authority, as well as the prosecutor.

3. Adoption shall be terminated from the date of entry into force of a court decision to revoke the adoption of a child.

The court is obliged, within three days from the date of entry into force of the court decision on the cancellation of the child's adoption, send an extract from this court decision to the civil registry office at the place of state registration of adoption.

Article 141. Grounds for canceling the adoption of a child

1. The adoption of a child may be canceled in cases where the adoptive parents evade the fulfillment of their responsibilities as parents, abuse parental rights, abuse the adopted child, are sick with chronic alcoholism or drug addiction.

2. The court shall have the right to cancel the adoption of a child on other grounds, proceeding from the interests of the child and taking into account the opinion of the child.

Article 142. Persons with the right to demand cancellation

adoption of a child

The right to demand the cancellation of the adoption of a child is vested in his parents, the adoptive parents of the child, the adopted child who has reached the age of fourteen, the guardianship and trusteeship body, as well as the prosecutor.

Article 143. Consequences of canceling the adoption of a child

1. When the court cancels the adoption of a child, the mutual rights and obligations of the adopted child and the adoptive parents (relatives of the adoptive parents) are terminated and the mutual rights and obligations of the child and his parents (his relatives) are restored, if the interests of the child so require.

2. If the adoption is canceled, the child is transferred to the parents by a court decision. In the absence of parents, as well as if the transfer of the child to the parents is contrary to his interests, the child is transferred to the care of the guardianship and trusteeship body.

3. The court also decides whether the child retains the name, patronymic and surname assigned to him in connection with his adoption.

Changing the name, patronymic or surname of a child who has reached the age of ten is possible only with his consent.

4. Based on the interests of the child, the court shall have the right to oblige the former adoptive parent to pay funds for the maintenance of the child in the amount established by Articles 81 and 83 of this Code.

Article 144. Inadmissibility of cancellation of adoption upon reaching

adopted child of majority

Cancellation of the adoption of a child is not allowed if the adopted child has reached the age of majority at the time of the submission of the request to cancel the adoption, unless such cancellation is mutually agreed by the adoptive parent and the adopted child, as well as the parents of the adopted child, if they are alive, not deprived of parental rights, or not recognized by the court as legally incompetent.

CHAPTER 20. Guardianship and custody of children

Article 145. Children over whom are set

guardianship or guardianship

1. Guardianship or guardianship shall be established over children left without parental care (paragraph 1 of Article 121 of this Code), for the purpose of their maintenance, upbringing and education, as well as to protect their rights and interests.

2. Guardianship is established over children under the age of fourteen.

Guardianship is established over children between the ages of fourteen and eighteen.

3. Establishment and termination of custody or guardianship over children shall be determined by the Civil Code of the Russian Federation.

Article 146. Guardians (curators) of children

1. Only adult capable persons may be appointed as guardians (curators) of children. Persons deprived of parental rights cannot be appointed guardians (trustees).

2. When appointing a guardian (curator) to a child, the moral and other personal qualities of the guardian (curator), his ability to perform the duties of a guardian (curator), the relationship between the guardian (curator) and the child, the attitude of the family members of the guardian (curator) to the child shall be taken into account, and also, if possible, the desire of the child himself.

3. Persons with chronic alcoholism or drug addiction, persons suspended from the duties of guardians (trustees), persons with limited parental rights, former adoptive parents, if the adoption is canceled through their fault, as well as persons who are state of health (paragraph 1 of Article 127 of this Code) can not carry out responsibilities for the upbringing of a child.

Article 147. Custody (guardianship) of children,

in educational institutions,

medical institutions and institutions of social protection of the population

1. Children under full state care in educational institutions, medical institutions, institutions of social protection of the population and other similar institutions shall not be appointed guardians (curators). The implementation of their duties is entrusted to the administration of these institutions.

The temporary placement of the child by the guardian (curator) in such an institution does not terminate the rights and obligations of the guardian (curator) in relation to this child.

2. The guardianship and trusteeship bodies exercise control over the conditions of detention, upbringing and education of children in the institutions specified in paragraph 1 of this article.

3. Protection of the rights of graduates of the institutions referred to in paragraph 1 of this article is assigned to the guardianship and trusteeship authorities.

Article 148. Rights of children under guardianship (guardianship)

1. Children under guardianship (guardianship) have the right to:

upbringing of a guardian (curator) in the family, care from the guardian (curator), cohabitation with him, except for the cases provided for by paragraph 2 of Article 36 of the Civil Code of the Russian Federation;

providing them with conditions for maintenance, upbringing, education, all-round development and respect for their human dignity;)

protection from abuse by the guardian (curator) in accordance with Article 56 of this Code.

2. Children under guardianship (guardianship) also have the rights provided for in Articles 55 and 57 of this Code.

Article 149. Rights of children left without parental care

and located in educational institutions, medical institutions

and institutions of social protection of the population

1. Children left without parental care and who are in educational institutions, medical institutions, social welfare institutions and other similar institutions have the right to:

alimony, pensions, benefits and other social benefits due to them;

preservation of the right of ownership of a dwelling or the right to use a dwelling, and in the absence of a dwelling, they have the right to receive a dwelling in accordance with housing legislation;

employment benefits provided for by labor legislation, upon termination of stay in the specified institutions.

2. Children left without parental care and being in the institutions specified in paragraph 1 of this article also have the rights provided for by Articles 55-57 of this Code.

Article 150. Rights and obligations of a guardian (curator) of a child

1. The guardian (curator) of the child has the right and is obliged to bring up a child under guardianship (guardianship), to take care of his health, physical, mental, spiritual and moral development.

The guardian (curator) has the right to independently determine the methods of raising a child under guardianship (guardianship), taking into account the opinion of the child and the recommendations of the guardianship and guardianship authority, as well as subject to the requirements provided for in paragraph 1 of Article 65 of this Code.

The guardian (curator), taking into account the opinion of the child, has the right to choose an educational institution and the form of education of the child before receiving basic general education and is obliged to ensure that the child receives basic general education.

2. The guardian (curator) shall have the right to demand in court the return of the child under guardianship (guardianship) from any persons holding the child without legal grounds, including from close relatives of the child.

3. The guardian (curator) shall not have the right to interfere with the child's communication with his parents and other close relatives, unless such communication is not in the child's interests.

4. Civil rights and obligations of a guardian (trustee) are determined by Articles 36-38 of the Civil Code of the Russian Federation.

5. Duties of guardianship and guardianship in relation to a child under guardianship (guardianship) shall be performed by the guardian (curator) free of charge.

CHAPTER 21. FOSTER FAMILY

Article 151. Formation of a foster family

1. A foster family is formed on the basis of an agreement on the transfer of a child (children) to a family for upbringing.

The agreement on the transfer of the child (children) is concluded between the guardianship and guardianship authority and the adoptive parents (spouses or individual citizens who wish to take children into foster care).

A child (children) who has not reached the age of majority is transferred to a foster family for upbringing for the period provided for by the specified agreement.

2. The regulations on the foster family are approved by the Government of the Russian Federation.

Article 152. Agreement on the transfer of a child (children) for upbringing to a family

1. An agreement on the transfer of a child (children) for upbringing to a family should provide for the conditions of maintenance, upbringing and education of the child (children), the rights and obligations of adoptive parents, obligations in relation to the foster family of the guardianship and guardianship authority, as well as the grounds and consequences of termination of such contract.

The amount of remuneration for the foster parents and the benefits provided to the foster family, depending on the number of children adopted for upbringing, are established by the laws of the constituent entities of the Russian Federation.

2. An agreement on the transfer of a child (children) for upbringing to a family may be terminated early on the initiative of the adoptive parents if there are valid reasons (illness, changes in family or property status, lack of understanding with the child (children), conflict relations between children and others), as well as on the initiative of the guardianship and trusteeship body in the event of unfavorable conditions in the foster family for the maintenance, upbringing and education of the child (children), or in the case of the return of the child (children) to the parents, or in the case of the adoption of the child (children).

Article 153. Foster parents

1. Adoptive parents can be adults of both sexes, with the exception of:

persons recognized by the court as incapable or partially incapacitated;

persons deprived of parental rights by the court or limited by the court in parental rights;

dismissed from the duties of a guardian (curator) for improper performance of the duties assigned to him by law;

former adoptive parents, if the adoption was canceled by the court due to their fault;

persons who, due to health reasons (paragraph 1 of Article 127 of this Code), cannot carry out the duties of raising a child.

2. The selection of adoptive parents is carried out by the guardianship and guardianship authorities in compliance with the requirements provided for in paragraph 2 of Article 146 of this Code.

3. Foster parents in relation to the adopted child (children) have the rights and obligations of a guardian (trustee).

Article 154. Child (children) placed on upbringing

to the foster family

1. A child (children) who is left without parental care, including in an educational institution, a medical institution, an institution for social protection of the population or other similar institution, is transferred to a foster family for upbringing.

2. The preliminary selection of a child (children) for transfer to a foster family is carried out by persons wishing to accept a child (children) into a family, in agreement with the guardianship and guardianship authority.

Separation of siblings is not permitted unless it is in their interests to do so.

3. The transfer of a child (children) to a foster family is carried out taking into account his opinion. A child (children) who has reached the age of ten may be transferred to a foster family only with his consent.

4. A child (children) transferred to a foster family retains the right to alimony, pension, allowances and other social benefits due to him, as well as the right to ownership of a dwelling or the right to use a dwelling; in the absence of residential premises, he has the right to provide him with residential premises in accordance with housing legislation.

A child (children) transferred to a foster family also has the rights provided for by Articles 55-57 of this Code.

Article 155. Maintenance of a child (children) transferred to a foster family

1. For the maintenance of each child, the foster family is paid monthly monetary funds in the manner and amount established by the laws of the constituent entities of the Russian Federation

2. The guardianship and trusteeship body is obliged to provide the foster family with the necessary assistance, to contribute to the creation of normal living conditions and upbringing of the child (children), and also has the right to monitor the fulfillment of the responsibilities assigned to the adoptive parents for the maintenance, upbringing and education of the child (children).

President of Russian Federation
B. Yeltsin

The documents
Family Code of the Russian Federation of December 29, 1995 N 223-FZ (SK RF) (as amended)

Family Code of the Russian Federation of December 29, 1995 N 223-FZ (as amended on November 15, 1997, June 27, 1998, January 2, 2000, August 22, December 28, 2004, June 3, 18, December 29, 2006, July 21, 2007, April 24, June 30, 2008, December 23, 2010, May 4, 2011)

Section I. General Provisions

Chapter 1. Family Law

Article 1. Basic principles of family law

1. Family, motherhood, fatherhood and childhood in the Russian Federation are under the protection of the state.

2. A marriage entered into only in a civil registry office shall be recognized.

4. Any form of restriction of the rights of citizens when entering into marriage and in family relations on the basis of social, racial, national, linguistic or religious affiliation is prohibited.

Article 2. Relationships governed by family law

Article 3. Family legislation and other acts containing the norms of family law

1. In accordance with the Constitution of the Russian Federation, family law is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

The norms of family law contained in the laws of the constituent entities of the Russian Federation must comply with this Code.

Article 4. Application to family relations of civil legislation

The property and personal non-property relations between family members named in Article 2 of this Code, which are not regulated by family legislation (this Code), shall be subject to civil legislation insofar as it does not contradict the essence of family relations.

Article 5. Application of family law and civil law to family relations by analogy

Family Code of the Russian Federation of December 29, 1995 N 223-FZ

December 29, 1995, November 15, 1997, June 27, 1998, January 2, 2000, August 22, December 28, 2004, June 3, December 18, December 29, 2006, July 21, 2007 April 24, June 30, 2008, December 23, 2010, May 4, November 30, 2011, November 12, 2012, July 2, November 25, 2013, May 5, November 4, 2014, April 20 , 13 July, 28 November, 29, 30 December 2015, 28 March, 1 May 2017

Section I. General Provisions

Chapter 1. Family Law

Article 1. Basic principles of family law

1. Family, motherhood, fatherhood and childhood in the Russian Federation are under the protection of the state.

2. A marriage entered into only in a civil registry office shall be recognized.

4. Any form of restriction of the rights of citizens when entering into marriage and in family relations on the basis of social, racial, national, linguistic or religious affiliation is prohibited.

Article 2. Relationships governed by family law

Family legislation establishes the procedure for the exercise and protection of family rights, the conditions and procedure for marriage, termination of marriage and its invalidation, regulates personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted children), and in cases and in within the limits provided for by family law, between other relatives and other persons, determines the procedure for identifying children left without parental care, the forms and procedure for their placement in a family, as well as their temporary placement, including in an organization for orphans and children left behind. without parental care.

Article 3. Family legislation and other acts containing the norms of family law

2. When applying the rules establishing the limitation period, the court is guided by the rules of Articles 198-200 and 202-205 of the Civil Code of the Russian Federation.

Section II. Conclusion and termination of marriage

Chapter 3. Conditions and procedure for contraction of marriage

Article 10. Marriage

1. Marriage is concluded in the civil registry offices.

2. The rights and obligations of spouses arise from the date of state registration of marriage in the civil registry offices.

Article 11. Marriage procedure

1. The conclusion of a marriage is carried out in the personal presence of the persons entering into marriage, after a month from the date of their submission of an application to the civil registry authorities.

If there are valid reasons, the civil registry office at the place of state registration of marriage may authorize the conclusion of a marriage before the expiration of a month, and may also increase this period, but not more than by a month.

In the presence of special circumstances (pregnancy, childbirth, immediate threat to the life of one of the parties and other special circumstances), the marriage can be concluded on the day the application is submitted.

2. State registration of marriage is carried out in the manner established for state registration of acts of civil status.

3. The refusal of the civil registration authority to register a marriage may be appealed to the court by persons wishing to marry (one of them).

Article 12. Conditions of marriage

1. For the conclusion of marriage, the mutual voluntary consent of the man and the woman entering into marriage and their attainment of marriageable age are required.

2. A marriage cannot be contracted in the presence of the circumstances specified in Article 14 of this Code.

Article 13. Age of marriage

1. The age of marriage is set at eighteen years.

2. If there are valid reasons, the local self-government bodies at the place of residence of persons wishing to marry shall have the right, at the request of these persons, to allow persons who have reached the age of sixteen to marry.

The procedure and conditions under which marriage as an exception, taking into account special circumstances, may be permitted before reaching the age of sixteen, may be established by the laws of the constituent entities of the Russian Federation.

Article 14. Circumstances Preventing Marriage

Marriage is not allowed between:

persons of which at least one person is already in another registered marriage;

close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full and incomplete (having a common father or mother) brothers and sisters);

adoptive parents and adopted children;

persons, of which at least one person has been recognized by the court as incompetent due to a mental disorder.

Article 15. Medical examination of persons entering into marriage

1. Medical examination of persons entering into marriage, as well as counseling on medico-genetic issues and family planning issues are carried out medical organizations the state health care system and the municipal health care system at their place of residence free of charge and only with the consent of the persons entering into marriage.

2. The results of the examination of a person entering into marriage constitutes a medical secret and can be communicated to the person with whom he intends to enter into marriage only with the consent of the person who has passed the examination.

3. If one of the persons entering into marriage concealed the presence of a sexually transmitted disease or HIV infection from another person, the latter shall have the right to apply to the court with a claim to declare the marriage invalid (Articles 27-30 of this Code).

Chapter 4. Termination of marriage

Article 16. Grounds for termination of marriage

1. A marriage is terminated as a result of death or as a result of the declaration by a court of one of the spouses as deceased.

Article 17. Restriction of the right to a husband to file a claim for divorce

The husband does not have the right to initiate a divorce proceedings without the consent of his wife during the pregnancy of his wife and within a year after the birth of the child.

Article 18. Divorce procedure

Divorce is carried out in the civil registry offices, and in the cases provided for by this Code, in a judicial proceeding.

Article 19. Dissolution of Marriage in the Registry Office

1. In case of mutual consent to the dissolution of the marriage of spouses who do not have common minor children, the dissolution of the marriage shall be carried out in the civil registry offices.

2. Dissolution of a marriage at the request of one of the spouses, regardless of whether the spouses have common minor children, is carried out in the civil registry offices, if the other spouse:

sentenced for committing a crime to imprisonment for a term exceeding three years.

3. Dissolution of marriage and the issuance of a certificate of dissolution of marriage shall be carried out by the civil registry office after a month from the date of filing an application for dissolution of marriage.

4. State registration of divorce shall be carried out by the civil registry office in the manner established for the state registration of civil status acts.

Article 20. Consideration of disputes arising between spouses in the event of divorce in civil registry offices

Disputes about the division of the spouses' common property, the payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children arising between spouses, one of whom is recognized by the court as incapable or sentenced for committing a crime to imprisonment for a term exceeding three years (paragraph 2 of Article 19 of this Code), are considered in court regardless of the divorce in the civil registry offices.

Article 21. Divorce in court

1. Dissolution of a marriage shall be carried out in a judicial proceeding if the spouses have common minor children, except for the cases provided for by paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to dissolve the marriage.

2. Dissolution of a marriage is carried out in a judicial proceeding also in cases where one of the spouses, despite having no objections, evades the dissolution of the marriage in the civil registry office, including refusing to submit an application.

Article 22. Dissolution of marriage in court in the absence of the consent of one of the spouses to divorce

1. Dissolution of a marriage in court shall be carried out if the court has established that further living together spouses and family preservation are impossible.

2. When considering a divorce case in the absence of the consent of one of the spouses to divorce, the court has the right to take measures to reconcile the spouses and has the right to postpone the proceedings, setting the spouses a period for reconciliation within three months.

Divorce is carried out if the measures to reconcile the spouses proved to be ineffective and the spouses (one of them) insist on the dissolution of the marriage.

Article 23. Dissolution of marriage in court with mutual consent of the spouses to dissolve the marriage

1. If there is a mutual consent to the dissolution of the marriage of the spouses with common minor children, as well as the spouses specified in paragraph 2 of Article 21 of this Code, the court dissolves the marriage without clarifying the reasons for the divorce. The spouses have the right to submit to the court the agreement on children provided for in paragraph 1 of Article 24 of this Code. In the absence of such an agreement, or if the agreement violates the interests of children, the court shall take measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of this Code.

2. The dissolution of a marriage shall be carried out by the court not earlier than the expiration of a month from the date of the submission by the spouses of an application for dissolution of the marriage.

Article 24. Issues to be resolved by the court when deciding on divorce

1. In the event of divorce in court, the spouses may submit to the court an agreement on who of them the minor children will live with, on the procedure for the payment of funds for the maintenance of children and (or) a disabled needy spouse, on the amount of these funds or on the division of the general property of the spouses.

See comments to the RF IC

Section I. General Provisions

Chapter 1. Family Law

Article 1. Basic principles of family law

1. Family, motherhood, fatherhood and childhood in the Russian Federation are under the protection of the state.

The provision on the recognition of legal force only for a marriage, the state registration of the conclusion of which was carried out in the civil registration authorities, does not apply to marriages of citizens of the Russian Federation committed according to religious rites in the occupied territories that were part of the USSR during the Great Patriotic War, until restoration on these territories of bodies of registration of acts of civil status

2. A marriage entered into only in a civil registry office shall be recognized.

4. Any form of restriction of the rights of citizens when entering into marriage and in family relations on the basis of social, racial, national, linguistic or religious affiliation is prohibited.

See comments to article 1 of the RF IC

Article 2. Relationships governed by family law

See comments on article 2 of the RF IC

Article 3. Family legislation and other acts containing the norms of family law

1. In accordance with the Constitution of the Russian Federation, family law is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

The norms of family law contained in the laws of the constituent entities of the Russian Federation must comply with this Code.

See comments on article 3 of the RF IC

Article 4. Application of civil legislation to family relations

See comments on article 4 of the RF IC

Article 5. Application of family law and civil law to family relations by analogy

See comments on article 5 of the RF IC

Article 6. Family law and international law

If an international treaty of the Russian Federation establishes rules other than those provided for by family legislation, the rules of the international treaty shall apply.

See comments on article 6 of the RF IC

Chapter 2. Exercise and protection of family rights

Article 7. Exercise of family rights and fulfillment of family responsibilities

1. Citizens, at their own discretion, dispose of their rights arising from family relations (family rights), including the right to protect these rights, unless otherwise provided by this Code.

The exercise by family members of their rights and the performance of their duties must not violate the rights, freedoms and legitimate interests of other family members and other citizens.

2. Family rights are protected by law, unless they are exercised in contradiction with the purpose of these rights.

See comments on article 7 of the RF IC

Article 8. Protection of family rights

Information about changes:

Federal Law No. 258-FZ of December 29, 2006 amended paragraph 1 of Article 8 of this Code, which shall enter into force on January 1, 2008.

1. The protection of family rights is carried out by the court in accordance with the rules of civil proceedings, and in the cases provided for by this Code, by state bodies, including guardianship and guardianship bodies.

2. Protection of family rights is carried out in the ways provided for by the relevant articles of this Code.

See comments on article 8 of the RF IC

Article 9. Application of the limitation of actions in family relations

1. The limitation of actions does not apply to claims arising from family relations, except in cases where the term for the protection of the violated right is established by this Code.

2. When applying the rules establishing the limitation period, the court is guided by the rules of Articles 198-200 and 202-205 of the Civil Code of the Russian Federation.

See comments on article 9 of the RF IC

Section II. Conclusion and termination of marriage

Chapter 4. Termination of marriage

On the application of legislation by the courts when considering cases of divorce, see the resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 N 15

Article 16. Grounds for termination of marriage

1. A marriage is terminated as a result of death or as a result of the declaration by a court of one of the spouses as deceased.

2. A marriage may be terminated by its dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse, recognized by the court as incompetent.

See comments on article 16 of the RF IC

Article 17. Restriction of the husband's right to file a claim for divorce

The husband does not have the right to initiate a divorce proceedings without the consent of his wife during the pregnancy of his wife and within a year after the birth of the child.

See comments on article 17 of the RF IC

Article 18. Procedure for dissolution of marriage

Dissolution of marriage is carried out in the civil registry offices, and in the cases provided for by Articles 21-23 of this Code, in a judicial proceeding.

See comments on article 18 of the RF IC

Article 19. Dissolution of marriage in civil registry offices

1. In case of mutual consent to the dissolution of the marriage of spouses who do not have common minor children, the dissolution of the marriage shall be carried out in the civil registry offices.

2. Dissolution of a marriage at the request of one of the spouses, regardless of whether the spouses have common minor children, shall be carried out in the civil registry office, if the other spouse:

declared missing by the court;

declared incompetent by the court;

sentenced for committing a crime to imprisonment for a term exceeding three years.

4. State registration of divorce shall be carried out by the civil registration authority in the manner established for the state registration of civil status acts.

See comments on article 19 of the RF IC

Article 20. Consideration of disputes arising between spouses upon dissolution of marriage in civil registry offices

See comments on article 20 of the RF IC

Article 21. Dissolution of marriage in court

2. Dissolution of a marriage is carried out in court also in cases where one of the spouses, despite having no objections, evades the dissolution of the marriage in the civil registry office (refuses to submit an application, does not wish to appear for state registration of divorce, and more) ...

See comments on article 21 of the RF IC

Article 22. Dissolution of marriage in court in the absence of consent of one of the spouses to dissolution of marriage

1. Dissolution of a marriage in a judicial proceeding shall be carried out if the court has established that further joint life of the spouses and the preservation of the family are impossible.

Divorce is carried out if the measures to reconcile the spouses proved to be ineffective and the spouses (one of them) insist on the dissolution of the marriage.

See comments on article 22 of the RF IC

Article 23. Dissolution of marriage in court with mutual consent of the spouses to divorce

See comments on article 23 of the RF IC

Article 24. Issues to be resolved by the court when making a decision on divorce

2. If there is no agreement between the spouses on the issues specified in paragraph 1 of this article, as well as if it is established that this agreement violates the interests of the children or one of the spouses, the court must:

determine with which of the parents the minor children will live after the divorce;

to determine from which of the parents and in what amounts the alimony for their children is collected;

at the request of the spouses (one of them) to divide the property that is in their joint ownership;

at the request of the spouse who has the right to receive maintenance from the other spouse, determine the amount of this maintenance.

3. If the division of property affects the interests of third parties, the court shall have the right to separate the requirement for the division of property into a separate proceeding.

See comments on article 24 of the RF IC

Article 25. Moment of termination of marriage upon its dissolution

1. A marriage dissolved in a civil registry office shall terminate from the date of the state registration of the dissolution of the marriage in the civil registration book, and in the event of divorce in court - from the date of the entry into force of the court decision.

Information about changes:

Federal Law No. 183-FZ of November 12, 2012 amended paragraph 2 of Article 25 of this Code, which shall enter into force upon the expiration of ninety days after the day of the official publication of the said Federal Law

See the text of the paragraph in the previous edition

2. Divorce in court is subject to state registration in the manner established for state registration of acts of civil status.

The court is obliged, within three days from the date of entry into force of the court decision on divorce, to send an extract from this court decision to the civil registry office at the place of state registration of marriage.

Spouses are not entitled to remarry before receiving a divorce certificate from the civil registry office at the place of residence of any of them or at the place of state registration of marriage.

See comments on article 25 of the RF IC

Article 26. Restoration of marriage in the event of the appearance of a spouse declared dead or recognized as missing

1. In the event of the appearance of the spouse, declared by the court as deceased or recognized by the court as missing, and the cancellation of the relevant court decisions, the marriage may be restored by the civil registry office upon a joint application of the spouses.

2. A marriage cannot be restored if the other spouse has remarried.

See comments on article 26 of the RF IC

Chapter 21. Foster family

Information about changes:

See the text of article 151

Federal Law No. 49-FZ of April 24, 2008 set out Article 152 of this Code in a new edition, which shall enter into force on September 1, 2008.

Article 152. Foster family

1. A foster family is considered to be guardianship or guardianship over a child or children, which are carried out under an agreement on a foster family, concluded between the guardianship and guardianship authority and the foster parents or foster parent, for the period specified in this agreement.

2. The provisions of Chapter 20 of this Code shall apply to relations arising from an agreement on a foster family.

The rules of civil legislation on the provision of paid services are applied to the relations arising from the agreement on a foster family, in the part not regulated by this Code, insofar as this does not contradict the essence of such relations.

3. The procedure for creating a foster family and exercising control over the living conditions and upbringing of a child or children in a foster family shall be determined by the Government of the Russian Federation.

See comments on article 152 of the RF IC

Information about changes:

Federal Law No. 49-FZ of April 24, 2008 reworded Article 153 of this Code, which shall enter into force on September 1, 2008.

See the text of the article in the previous edition

Article 153. Foster parents

1. Foster parents can be spouses, as well as individual citizens who want to take a child or children into foster care. Individuals who are not married to each other cannot be foster parents of the same child.

The selection and training of adoptive parents is carried out by the guardianship and guardianship authorities subject to the requirements established by the Civil Code of the Russian Federation, the Federal Law "On Guardianship and Guardianship", as well as Article 146 of this Code.

See the Procedure for medical examination of citizens intending to adopt (adopt), take under guardianship (guardianship), into a foster or foster family of orphans and children left without parental care, approved by order of the Ministry of Health of Russia dated June 18, 2014 N 290n

2. Foster parents in relation to the child or children adopted for upbringing exercise the rights and fulfill the duties of a guardian or guardian and are responsible for non-fulfillment or improper fulfillment of the duties assigned to them in the manner and on the conditions provided for by federal law and agreement.

See comments on article 153 of the RF IC

Information about changes:

Federal Law No. 49-FZ of April 24, 2008 supplemented this Code with Article 153.1, which shall enter into force on September 1, 2008.

Article 153.1. Contents of the foster family agreement

1. The agreement on the foster family must contain information about the child or children placed in foster care (name, age, state of health, physical and mental development), the term of such an agreement, the conditions of maintenance, upbringing and education of the child or children, the rights and obligations of the adoptive parents, the rights and obligations of the guardianship and guardianship authority in relation to the adoptive parents, as well as the grounds and consequences of the termination of such an agreement.

2. Amount of remuneration due to foster parents, amount Money for the maintenance of each child, as well as measures social support provided to the foster family, depending on the number of children adopted for upbringing, are determined by the foster family agreement in accordance with the laws of the constituent entities of the Russian Federation.

According to article 12.2 of the Federal Law of May 19, 1995 N 81-FZ "On State Benefits to Citizens with Children" from January 1, 2007, when a child is placed in a family for upbringing, lump sum in the amount of 8,000 rubles, which is subject to indexation

For the amount of state benefits for citizens with children, see the certificate

See comments on article 153.1 of the RF IC

Information about changes:

Federal Law No. 49-FZ of April 24, 2008 supplemented this Code with Article 153.2, which shall enter into force on September 1, 2008.

Article 153.2. Termination of a foster family agreement

1. An agreement on a foster family is terminated on the grounds provided for by civil law for the termination of obligations, as well as in connection with the termination of guardianship or trusteeship.

2. Foster parents have the right to refuse to fulfill the agreement on the foster family if there are valid reasons (illness, change in family or property status, lack of understanding with the child or children, the presence of conflict relations between children and others).

The guardianship and trusteeship body has the right to refuse to fulfill the agreement on the foster family if unfavorable conditions arise in the foster family for the maintenance, upbringing and education of the child or children, the return of the child or children to the parents, or the adoption of the child or children.

3. If the basis for the termination of the foster family agreement was a significant violation of the agreement by one of the parties through its fault, the other party shall have the right to demand compensation for losses caused by the termination of this agreement.

See comments on article 153.2 of the RF IC

Information about changes:

See the text of article 154

Information about changes:

See the text of article 155

Federal Law No. 49-FZ of April 24, 2008 supplemented Section VI of this Code with Chapter 22, which shall enter into force on September 1, 2008.

See comments to the RF IC

Section I. General Provisions

Family Code of the Russian Federation of December 29, 1995. Section v. alimony obligations of family members

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The documents Family Code of the Russian Federation of December 29, 1995 N 223-FZ (SK RF) (as amended)

Section I. General Provisions

Chapter 1. Family Law

Article 1. Basic principles of family law

Article 2. Relationships governed by family law

Article 3. Family legislation and other acts containing the norms of family law

Article 4. Application to family relations of civil legislation

Article 5. Application of family law and civil law to family relations by analogy

Family Code of the Russian Federation of December 29, 1995 N 223-FZ

Section I. General Provisions

Chapter 1. Family Law

Section II. Conclusion and termination of marriage

Chapter 3. Conditions and procedure for contraction of marriage

Chapter 4. Termination of marriage

The documents
Family Code of the Russian Federation of December 29, 1995 N 223-FZ (SK RF) (as amended)