Modern society could not exist without ordered structure, which properly provides for “strength” and at the same time the flexibility of this system. The total area can unite people in the state, the General interest in the party and movement, etc. But each of these associations involves only part of the human personality and in a short period of time (sustained attention state to person is totalitarianism, and the self-sacrificing altruists are willing to give all for the sake of “business party” in history can be counted on the fingers). To combine the contradictory nature of human individuality and the public interest allows family. Like any social institution, the institution of marriage and the family the necessary a system of legal norms, which is a Family law (Family code).
In the new socio-economic and political conditions of development of the Russian society underwent major upgrading of the main branches of the law of our state, including civil and a closely related family. So from 1st March 1996 enacted a new Family code, which together with the Constitution and the Civil code of the Russian Federation, the Convention on the rights of the child and other international acts – is the main source of family law.
Family law should be seen as a set of legal rules governing personal and derived from them the property relations that arise between people from the fact of marriage, consanguinity, adoption, adoption of children in a family on education.
Family life is extremely special, intimate sphere of human relations that are not fully regulated by law. And yet the development of the family and its well being is so important to the stability of society and the state that it will seek to resolve family relationship. New Russian family law is the main goal of strengthening families and protecting the rights of all family members and each individual member. Family code of Russia (RF IC) guarantees the protection of family rights of citizens, whose prohibits any arbitrary interference with the family, prescribes the legal mechanisms of implementation of citizens family responsibilities 1 .
The basic principles of family law are voluntary marriage, monogamy, equality of spouses, priority of family upbringing of children, to ensure the security of their interests and rights, as well as the interests and rights of disabled family members.
Unlike sociology, which defines the family as a Union of persons, based on marriage and kinship or adoption of children in foster care, and is characterized by mutual interests, mutual care about each other, treat the family law exclusively as the legal relationship of family members that are subjects of family legal relationship. Family members include husband and wife who are married, registered in accordance with the law, children and other relatives who have, as a rule, common ancestors, adoptive parents and adopted children, stepmother, stepfather, stepdaughter and Stepsons, etc.
Objects of family relationships are the actions of family members or things. For example, divorce or the deprivation of either of the spouses, as well as both, of parental rights, or the issue of property of minors on the part of privatized dwellings, etc.
The Constitution of Russia considers family law are the joint responsibility of our state – the Russian Federation and its subjects, and norms of family law contained in the laws of the Federation, must conform to and not conflict with the Family code of the Russian Federation. Article 2 of the family code defines the relations regulated by the family the legislation is the conditions and procedure of marriage, termination of marriage and annulment, regulates personal non-property and property relations between family members, between other relatives and other persons, and also determines the forms and procedure of family children left without parental care 2 .
The grounds of family relations are actions and events, i.e. the legal facts, under which it is necessary to understand the specific circumstances, the presence of which the norms of family law associate the occurrence described therein legal effects. Actions may be permissible, for example, the definition in accordance with the law of the child in school – lawful action, and the failure of adult children to support disabled parents – is illegal. An example of a legal fact-the events can be called little security and material needs of elderly parents, or the fact of adoption, etc.
The family code of the Russian Federation represents all citizens the freedom to dispose of their marital rights, but the abuse of their rights (violation of rights, freedoms and legitimate interests of other family members, as well as other citizens) is unacceptable and is punishable by law. Protection of family rights of citizens is carried out by the court, and in cases stipulated by the SC of the Russian Federation, state authorities or municipal authorities exercising the powers of trusteeship and guardianship.
The procedure and conditions for the conclusion and dissolution of marriage.
One of the cornerstone concepts in family law is the concept of marriage, i.e. a voluntary and equal Union of men and women. This Alliance must be concluded with the observance of certain rules, because it involves legal consequences. Rights and duties of spouses from the date of state registration of conclusion of marriage in the civil status registry office where the register of the birth, change of name – his name, the death of a person.
The law requires a legal procedure and conditions for the marriage ceremony: the marriage ceremony requires the presence of both persons entering into marriage, the bride and groom should make a mutual voluntary consent to the entry into marital Union, and that is very important – they must reach the age of marriage set at 18. If there are valid reasons why local authorities may be allowed to marry persons who have attained the age of 16, at their request. Lowering the age of marriage as an exception, taking into account the special circumstances below 16 years is within the legislative competence of subjects of the Russian Federation. The marriage is registered, as a rule, a month after filing the bride and groom, this period may be the Registrar’s office extended for another month, or shortened to one day because when there are special circumstances (pregnancy, child birth, etc.) a marriage may be solemnized on the day of submission of the application 3 .
Marriage is recognized as valid only if there is a civil capacity of persons entering into marriage. This is why mentally ill people, recognized as such by the court, is not eligible to marry. Additionally, the law allows for free take a voluntary medical examination of persons entering into marriage. In accordance with paragraph 3 of article 15 of the RF IC the basis for the appeal of one of the spouses in the court demanding the annulment of the marriage is only the fact of concealment of the other spouse having recent HIV infection (AIDS) or sexually transmitted disease, sexually transmitted diseases.