In ordinary everyday life, we do not think about deciphering such concepts as close relatives, family members, native people. Most often for us, it's all those who are near, whom we love, with whom we communicate every day and support each other. Sometimes even a person who is not blood-born can enter the circle of close relatives. It can be a colleague, a school friend, etc. Not to mention my husband, my sister, my aunt, my uncle's wife, my brother, my nephew ...
But life is not simple, especially in our time. The legislative base specifies the procedure for determining the closest relatives of a person.
Let's look at the basic situations when it is necessary to know who is a close relative in accordance with the letter of the law. The division of the inheritance without a written will, the receipt of material assistance at work in connection with the death of a relative, the need to pay tax upon donation, the confirmation of nationality. Sometimes there are situations when on the contrary it is necessary to confirm that there is no kinship between people - for marriage, for employment in law enforcement agencies, etc.
Who is related to close relatives?
Quite vaguely interpreted in our laws are the concepts of close kinship and the concept of family members. And the family code, housing and tax law have their own point of view on this matter. Although the main normative legal act, which defines the concept of close relatives by law, is the family code of the Russian Federation.
Housing law excludes from the terminology the concept of the next of kin. Here the term family member is more common. And this law determines that a family member can be not only a blood relative.
Who are considered close relatives:
- children;
- parents;
- grandmothers;
- grandfathers;
- grandchildren:
- brothers;
- sisters (including those who are not full-grown).
The Family Code does not specify spouses as close relatives. There is already a family-legal relationship. But the criminal laws on the contrary are attributed to the spouse not only to family members, but also to close relatives.
In addition to all of the above, to find out who is the next of kin, they often resort to full compliance with labor laws. Here the restrictions are quite strict, especially with regard to some type of services and posts. The work of close relatives can help you, giving a green light to the future life, and become a stop line not only for promotion, but in principle for employment in the desired place. For example, TCRF categorically forbids working close relatives in municipal institutions, if they, at least indirectly, are subordinate to each other. Another restriction on the work - if you have convicts in the nearest family, then in no serious institution, including a non-governmental institution, you will not pass a security check. First of all, these are the bodies of state law enforcement and the establishment of the banking system.
In life, sometimes there are situations where, in words, you know your relatives,
Definition of relationship:
- We collect documents, in any degree confirming the relationship and its degree. On all issues in the registry office. If there is not helped - then to the court at the place of residence.
- Examination of DNA. Modern science makes it possible to determine not only paternity, but also fraternal / sister relations, grandparents, grandchildren / granddaughters, including cousins and second cousins.