Legal Encyclopedia. The letter C

FAMILY RELATIONSHIPS WITH ALIENS.

Family relations involving foreigners are regulated by the Family Code of the Russian Federation, in particular, section VII of the RF IC, on condition that one of the spouses has the nationality of the Russian Federation, ie stable legal ties with Russia, which is expressed in the totality of their mutual rights and obligations.

Foreign citizens and persons with dual citizenship in the Russian Federation shall have the same rights and obligations as citizens of the Russian Federation.

Foreign citizens have the following rights in the area of ​​S. A .:

1) The right to marry on the territory of the Russian Federation;

2) the right to recognition of Russia marriage entered into outside the territory of the Russian Federation;

3) the right to divorce;

4) the right to acquire and execute personal non-property rights and obligations of spouses and parents;

5) the right of establishment and contestation of paternity (maternity);

6) the right to adoption (adoption).

Terms of the marriage on the territory of the Russian Federation are determined for each of the parties to the marriage, the laws of the State of which the person is at the time of the marriage, if there are no circumstances preventing marriage. If a person along with the citizenship of a foreign State is a citizen of the Russian Federation, to the conditions of marriage applies the RF legislation. Terms of the marriage by a stateless person in the territory of the Russian Federation determined by the law of the State where the person has a permanent place of residence.

Marriages between Russian citizens living outside the territory of the Russian Federation, are the diplomatic

missions or consular institutions of the Russian Federation. Marriages between foreign citizens, concluded on the territory of the Russian Federation, diplomatic missions and consular institutions of foreign countries are recognized as valid on the basis of reciprocity in the Russian Federation, if the person at the time of marriage were foreign nationals, appointed ambassador or consul in the Russian Federation.

Marriages between citizens of Russia and foreign citizens or stateless persons, prisoners outside the territory of the Russian Federation in compliance with the law of the State in whose territory they have concluded, recognized as valid in the Russian Federation, if there are no circumstances that prevent the marriage. Marriages between foreign citizens, concluded outside the territory of the Russian Federation in compliance with the law of the State in whose territory they have concluded, recognized as valid in the Russian Federation.

However, the law allows for deviation from national treatment. Thus, marriage with a foreigner in the Russian Federation may be declared invalid. The invalidity of the marriage, on the territory of the Russian Federation or outside it, is determined by the legislation, which was used in marriage.

Dissolution of marriage between citizens of Russia and foreign citizens or stateless persons, as well as marriage between foreign citizens in the Russian Federation carried out in accordance with Russian law. Russian citizen residing outside the territory of the Russian Federation shall have the right to terminate the marriage to live outside the territory of the Russian Federation spouse regardless of citizenship in the Russian court. If, in accordance with Russian law allowed divorce in the civil registry office, marriage may be dissolved in the diplomatic missions or consular institutions of the Russian Federation. Dissolution of marriage between citizens of the Russian Federation or the dissolution of marriage between citizens of Russia and foreign citizens or stateless persons committed outside the territory of the Russian Federation in compliance with the legislation of the relevant foreign state on the competence of the bodies taking decisions on the dissolution of the marriage, and subject to application in a divorce law, recognized as valid in the Russian Federation. Also in the Russian Federation recognized as valid dissolution of marriage between foreign citizens committed outside the territory of the Russian Federation in compliance with the relevant legislation

a foreign state on the competence of decision-makers about the divorce, and subject to application in a divorce law, recognized as valid in the Russian Federation.

Moral and property rights and responsibilities of spouses are determined by the laws of the State in whose territory they have a joint place of residence, and in the absence of co-residence - by the legislation of the State in which they were last joint residence. Moral and property rights and responsibilities of spouses who did not have a joint residence, determined in the territory of the Russian Federation in its legislation.

Establishment and contestation of paternity (maternity) shall be determined by the legislation of the state of nationality of the child at birth. The procedure of establishing and challenging paternity (maternity) in the territory of the Russian Federation is determined by the Russian legislation. In cases of paternity (maternity) in the registry offices residing outside the territory of the Russian Federation the child's parents, of whom at least one is a citizen of the Russian Federation shall have the right to petition to establish paternity (maternity) in the diplomatic missions or consular institutions of the Russian Federation.

The rights and duties of parents and children, including the duty of parents to maintain their children, determined by the law of the State in whose territory they have a joint place of residence. In the absence of co-residence of parents and children the rights and duties of parents and children are determined by the laws of the State of nationality of the child.

Adoption (adoption), including cancellation of adoption, on the territory of the Russian Federation by foreign citizens or persons without citizenship of a child who is a citizen of the Russian Federation, carried out in accordance with the law of the State of nationality of the adoptive parent (in case of adoption (adoption order) of the child stateless - in accordance with the law of the state in which that person has a permanent place of residence) at the time of application for adoption (adoption order) or the cancellation of adoption.