Divorce in private international law. Divorce in MCHP

Marriage and family relations are complex relations of a personal non-property and property nature, based on family ties and regulated by the norms of civil (in the broad sense of the word) law. In many countries, there is no family law as an independent branch of law, and family law relations are regulated by civil law (Germany, Switzerland, France). In most modern states, family law is separated from civil law, codified and is an independent branch of law (Russian Federation, Algeria, countries of Eastern Europe and Latin America).

The procedure for the dissolution of marriages with a foreign element under Russian law is established in Art. 16 ° CK, containing a "chain" of conflict of laws. Only Russian law, that is, the law of the court, applies to the dissolution of any marriages on the territory of the Russian Federation. The right of Russian citizens to dissolve marriages with foreigners living outside the Russian Federation, in Russian courts or in diplomatic and consular missions of the Russian Federation, is legally enshrined. The dissolution of any marriages outside the Russian Federation is recognized as valid in Russia, subject to the law of the corresponding foreign state. The main requirements are compliance with the requirements of foreign law on the competence of bodies and legislation on divorce.

Legal relationship between spouses

As a general rule, conflict regulation of personal non-property relations between spouses is based on the application of the personal law of the husband and the personal law of the wife. The main conflict of laws is the law of the last joint residence of the spouses. The defining origin has a territorial feature. If the spouses have never lived together, then the law of the country of the court applies. The widespread use of the public policy clause is noted. In developed countries, equal rights of husband and wife are legally established. A kind of regulation of personal relations between spouses takes place in Anglo-American law (Great Britain, USA). Spouses are obliged to create a spousal community of life (consortium).

The problem of choosing the law applicable to the regulation of personal marital relations is solved with the help of a "chain" of conflict of laws rules. General conflict of laws binding - the law of the country of cohabitation of spouses; in the absence of a joint place of residence - the law of the state in whose territory the spouses had their last common residence. If the spouses have never lived together, the law of the country of the court applies. In some states (Great Britain, Germany, France), the dominant conflict of laws is the husband's personal law, which is applied regardless of the different place of residence and different citizenship of the spouses.

The law applicable to the establishment and contestation of paternity and maternity is defined in Art. 162 SK. The main conflict binding is the child's nationality law by birth. Establishment (contestation) of paternity (motherhood) on the territory of the Russian Federation presupposes the application of Russian law. The legislator has secured the right of Russian citizens outside the Russian Federation to apply to diplomatic and consular missions of the Russian Federation regarding the resolution of these issues.

The rights and obligations of parents and children are regulated by Art. 163 SK. The main conflict of laws is the law of the joint residence of parents and children. In the absence of a joint place of residence, the law of the child's citizenship applies. Alimony obligations and other relations presuppose the subsidiary application of the law of the place of permanent residence of the child. Alimony obligations for adult children and other family members are determined by the law of joint residence (Article 164 of the UK). In the absence of a joint place of residence, the law of the state of which the person claiming the alimony is a citizen is applied.

Adoption (adoption) in private international law

The institution of adoption (adoption) is one of the most ancient legal institutions (known since the times of the Ancient World). Adoption is a complex legal and ethical issue, as it requires strong confidence in the best interests of the child. At the international level, the main issues of adoption are resolved in the European Convention on the Adoption of Children 1967. In recent years, adoption by foreign citizens and adoption abroad has become extremely common. In this regard, in modern international law of the Russian Federation. At the same time, the need to comply with the family legislation of the Russian Federation and international treaties of the Russian Federation is enshrined (part 2, paragraph 1, article 165 of the SK). The adoption (adoption) by foreigners married to Russian citizens of children who are Russian citizens on the territory of the Russian Federation presumes the application of Russian law, taking into account the international obligations of the Russian Federation. The legislator also established the application of the law of a competent institution in the case of adoption of a foreign citizen on the territory of the Russian Federation. A list of cases has been established when adoption requires the consent of the competent institution of the Russian Federation, the legal representatives of the child and the child himself.

In the event of a possible violation of the rights of the child, it is necessary to refuse the adoption or to cancel the adopted adoption in court. The consular offices of the Russian Federation are obliged to protect the rights and interests of children - citizens of the Russian Federation, adopted (adopted) by foreign citizens outside the Russian Federation. When adopting children who are citizens of the Russian Federation outside the Russian Federation, the law of the competent institution of the state of which the adoptive parent is a citizen is applied. To make such an adoption, it is necessary to obtain the prior permission of the competent authority of the Russian Federation.

The issue of the possibility of divorce in different states is resolved in different ways, but three main approaches can be clearly traced. In some countries (Argentina, Colombia, Ireland), divorce is prohibited. In other states, divorce is allowed if there are certain grounds, the mutual consent of the spouses is not included in the grounds (Italy). Thirdly, divorce is allowed if there are certain grounds, including by mutual consent (RF, England, Belgium, Denmark, Germany, Norway).

In Italy, since 1970, there has been a law that allowed dissolution of marriage on a strict list of grounds (conviction of one of the spouses to a serious criminal penalty, separation of the spouses for at least five years under the conditions of separation, inability to marital life, obtaining a divorce abroad), excluding mutual consent of the spouses. In France, since 1975, the mutual consent of the spouses has been recognized as a basis for divorce, while maintaining such a reason for divorce as the guilty behavior of one of the spouses. In England, since 1971, the mutual consent of the spouses to divorce after two years of separation has also been recognized. German and Japanese law allows divorce by mutual consent of the spouses in the event of "permanent and irreparable disorder of marriage." In Sweden, the court is not required to clarify the reasons that prompted the parties to end the marriage.

In the United States, in a number of states, the dissolution of a marriage is allowed for such a reason as "irreparable disintegration", while in others, other grounds are required. Many states have established a residency requirement in the state - from several hours to several years. In the states of Asia and Africa (where Muslim law prevails), the will of a man plays a decisive role. In non-Muslim countries in Asia and Africa, there are tendencies to expand the freedom of divorce according to the European version.

Differences in the legislation of states on the issue of divorce give rise to contradictions, legal difficulties and, as a result, “limping divorces”. The legislation of different countries also resolves the issue of the procedure for divorce in different ways. Most states recognize the judicial order (USA, France, England). In some countries, by mutual agreement of the spouses, an out-of-court divorce procedure is allowed (Japan, RF). In Denmark and Norway, a marriage is dissolved by a decision of the king or the governing body; in Ireland - by a decision of parliament.

There are a number of conflict-of-law problems of divorce in MCHP. The very first is the problem of choice of law in resolving cases of termination of marriage. Many countries apply national law for divorce, others apply the law of the place of residence of the spouses, and still others apply the law of the country of court. In England and the United States, the law of permanent residence of spouses is used, in France - the law of common domicile or the personal law of each spouse. In many states, these links complement each other.

The binding of the relationship on divorce to the law of citizenship of the divorced spouses is qualified as a principle of conflict of laws inherent in the “continental” system of law. In the countries of the Anglo-Saxon system, the action of the conflict formula of attachment to the law of the place of residence (lexdomicilii) and the law of the court (lexfori) is noted.

The main means of eliminating “lame divorces” is the recognition of the decision of the body that dissolved the marriage in another state or states. There are states that do not recognize foreign decisions to divorce their citizens.

Recognition of the rights of a foreigner based on the law of citizenship may be denied under the rules of “public order”. The application of the public policy clause depends on the court hearing the case. Here we are talking about the discrepancies between the law of another state, the application of which is indicated by the conflict of laws rule, and the law of the country of the court. In some states, the indissolubility of marriage is considered the basis of public order, and divorce is not allowed under the national law of the spouses if it is prohibited in the country of the court, and in other countries the principle of the indissolubility of marriage is not considered the basis of public order, although the personal law of the spouses may not allow it.

Sometimes spouses try to get a divorce, bypassing their strict personal law.

Difficulties caused by discrepancies in the material, conflict of laws and procedural law of different countries in the field of divorce, determine the search for options to overcome the current situation with "lame" divorces, non-recognition of the facts of divorce in a foreign state and their legal consequences. International treaties act as a means of solving this problem. Since 1928, some of the countries of Latin America have been unanimously resolving issues of admissibility (inadmissibility of divorce), its grounds and the jurisdiction of the court. According to Art. 1 of the Bustamante Code, spouses can bring an action for divorce if divorce is simultaneously allowed both under the law of the country of the court and under the national law of the divorcing spouses.

Several states adopted in 1978 the Hague Convention on the Recognition of Divorce and Separation of Spouses. According to this convention, any form of divorce is recognized as long as it is legal in the country where the divorce took place. But any country may not recognize a divorce between spouses, if their national law at the time of the divorce did not allow it.

They also exist in legal aid contracts. The practice of such treaties proceeds from the principle of unconditional granting to citizens of the contracting states the same rights as their own citizens.

The RF IC provides for the following procedures for divorce: in the absence of minor children and material claims against each other in the conditions of mutual consent of the spouses - through the civil registry authorities, in the absence of the consent of one of the spouses or in the presence of children under 18 years of age - through the court.

In Art. 160 of the RF IC establishes the following features of divorce "with foreign characteristics":

• - the dissolution of a marriage between citizens of the Russian Federation and foreign citizens or stateless persons, as well as marriage between foreign citizens on the territory of the Russian Federation, is carried out in accordance with the legislation of the Russian Federation;
• - a citizen of the Russian Federation residing outside the territory of the Russian Federation has the right to dissolve the marriage with a spouse residing outside the territory of the Russian Federation, regardless of his citizenship in the court of the Russian Federation. If, in accordance with the legislation of the Russian Federation, dissolution of a marriage is allowed in the civil registry offices, the marriage can be dissolved in diplomatic missions or consular offices of the Russian Federation;
• - dissolution of a marriage between citizens of the Russian Federation or dissolution of a marriage between citizens of the Russian Federation 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 authorities that made decisions on the dissolution of marriage, and the legislation applicable to dissolution of marriage is recognized valid in the RF;
• - the dissolution of a marriage between foreign citizens, committed outside the territory of the Russian Federation, in compliance with the legislation of the corresponding foreign state on the competence of the authorities that made decisions on the dissolution of marriage, and the legislation applicable to the dissolution of marriage, is recognized as valid in the Russian Federation.

So, if the marriage is dissolved on the territory of the Russian Federation, the legislation of Russia is applied. If an application for divorce is submitted to a Russian court, regardless of the place of residence of the plaintiff and the defendant, a citizen residing abroad must be duly notified of all the circumstances of the case, of the place and time of its consideration. For this, copies of documents and a summons to appear in court are sent to him. The procedure for sending and serving documents is governed by current international agreements. Further, the consideration of the case begins according to the rules that are established for citizens of Russia. If the duly notified party fails to appear, the case may be considered in her absence. The legislation of the Russian Federation is applied upon divorce, unless otherwise established by an international agreement.

In view of the fact that, except for the cases provided for by an international treaty, the application of a foreign law is actually excluded, the divorce performed in the Russian Federation, as noted above, may not be recognized abroad.

There is no special list of grounds for divorce in the Russian Federation, therefore the court dissolves the marriage if it finds that the further life of the spouses and the preservation of the family is impossible. However, special provisions on divorce are contained in agreements on legal assistance in civil, family and criminal cases concluded between Russia and other countries. Many bilateral agreements on legal assistance concluded between the Russian Federation and other states provide general rules on the recognition of court decisions.

Consular divorce is also known to the law of the Russian Federation. The material conditions for divorce at a consular office are similar to those that must be present in the implementation of a divorce in the registry office. The consul has the right to dissolve a marriage between a citizen of his country and a foreigner only when it is provided for in the consular convention. At the same time, the Russian consul has the right to dissolve the marriage between spouses - citizens of the Russian Federation, if at least one of them permanently resides abroad.

In addition to the problems associated with the concept of marriage, as well as the legal nuances of its conclusion, the situation with the issue of divorce is rather difficult in private international law. Sometimes problems arise not with issues accompanying the dissolution of marriage, such as division of property, alimony obligations, compensation for divorce, but with the possibility of dissolution of the marriage in general. It may be rather difficult to imagine that in the 21st century it is far from always possible to dissolve a marriage based on the wishes of the parties or for certain reasons, but nevertheless, this happens.

Religion has been and continues to have a great influence on the understanding and value of marriage. And it is through the absorption of the religious traditions of the family into the legal system of the state that laws are formed that regulate the issues of conclusion and dissolution of marriage. In the Christian religion, marriage is considered a sacred union, and, in theory, is for life. Hence the prohibition of divorce in Italy, Spain and a number of Latin American countries followed. However, one cannot fail to mention the possibility of debunking spouses in the Christian church. There was a strict restriction on debunking and it was applied in extreme cases, hence the legislative consolidation of the issues of divorce, in which divorce was considered as a kind of sanction for dishonest behavior in the marriage of one of the spouses. Until the middle of the 20th century, the concept of divorce as a sanction existed in most countries of the world, and as a result, with a smooth transition from it to understanding divorce as the banal impossibility of two persons to form a full-fledged family, it gave rise to many incidents. Situations arose everywhere in which a marriage contracted in a church according to certain rites, recognized in one country (for example, Greece), was not considered valid in a number of states (for example, the United States), and, accordingly, persons who did not want to keep their previous marriage simply entered into a new marriage under the laws of the state, where their previous marriage was not considered valid. Compared to the Russian Federation, it is quite difficult to get a divorce in European countries, and sometimes almost impossible. In most European countries, a rather long period is provided for, which spouses who wish to divorce, live separately from each other, and what is called, they realize "how to live without a spouse." In Italy, it takes as long as 3 years, in Germany - 1 year, in Spain - 1 year. Moreover, in Spain, you cannot even file documents for divorce until 1 year has passed since the date of marriage.

It is also worth noting that in addition to the time limits for divorce, the consequences of divorce can be even more serious. According to Russian law, spouses do not bear any special responsibility for the initiative to divorce or the reason for divorce, while in most European countries, as well as in America, the reasons for divorce are given great attention, and depending on them, the court decides on the imposition of responsibility to either side. Earlier it was said that the concept of responsibility for the guilty behavior of spouses in marriage was supplanted by the failure of the marriage in principle, and at the same time, at the moment, we are dealing, in fact, with the same responsibility, only in addition to divorce, which used to be in itself sanction, additional liability is imposed on the guilty spouses. Therefore, countries cannot be considered to have completely abandoned the sanctions concept of divorce. In Italy, the spouse has the right to life support after divorce, if she does not work and does not marry again. In Holland, the maintenance of a former spouse lasts for the same period during which the marriage lasted, or for 12 years. And if we talk about marriages between foreigners, then the most difficult situation seems to be precisely for Italy, Finland, Germany and France. The most difficult thing is for the citizens of our country, since in most cases, they are not familiar with the legal systems of other states, and do not assume what may await them in the event of a divorce. Moreover, Russians do not take the proposed marriage contracts quite seriously and consciously enough, while this could protect them in the aftermath. Various international conventions and agreements serve as a way out of difficult situations concerning the dissolution of a marriage between foreigners. At the moment, various bilateral and multilateral agreements have the most widespread effect. While unified international instruments such as the Hague Convention on the Recognition of Divorce and Separation of Spouses in 1970, the Hague Convention for the Resolution of Conflicts Between Laws and Jurisdictions in the Field of Divorce and Separation of 1902, regulate the recognition of divorces, and does not have a unified the basics concerning the reasons for the dissolution of marriage, financial liability for the dissolution of marriage and other procedural aspects of the dissolution itself. In this regard, there is a great interest from the European community in the creation of such an act, since national law in some cases has too many features and difficulties, and also puts foreigners in a knowingly losing state due to the excessive complexity of the divorce process, with which, quite obviously, few people get to know at the moment of marriage. The non-involvement of the Russian Federation in the process of unifying the issues of marriage and divorce, at least in the European space, on the one hand, should be recognized as a negative fact, and on the other hand, completely logical, in the context of a sharp change in the European community towards family values ​​and the concept of marriage, as well as the expansion ways of forming a family by legalizing various kinds of partnerships. At the same time, it would be worth trying to conclude at least bilateral agreements with countries where Russians most often find a family. This applies primarily to Germany, France, Italy, Spain. Of course, one cannot deny the positive side of the existing agreements with the CIS countries and a number of countries of Eastern Europe and Near Asia (Moldova, Latvia, Iran, Turkmenistan), however, the most fierce disputes between the parties to the divorce process arise precisely with the key EU countries. According to the currently existing bilateral treaties of the Russian Federation, the following positive aspects can be distinguished:

Divorce is carried out by the authorities of the state of which the spouses are citizens;

Citizens of another state residing in one state can initiate a divorce case in court at their place of residence;

Upon dissolution of a marriage, the law of the citizenship of the spouses shall apply;

If the spouses do not have a common citizenship and live in different countries, a divorce case can be initiated in a court of any state, and each court will apply its own law.

The issue of divorce under Islamic law on the territory of a state of a different legal system becomes quite difficult to resolve. When marriages are dissolved between representatives of Islamic law on the territory of an Islamic state, the question of recognizing such divorces most often does not arise. However, in the context of the Islamization of the EU, divorces under Islamic law, most often orally, take place on the territory of European law. Such divorces, according to the law of the EU countries, are not recognized as valid. However, we must not forget that in this case it is necessary to take into account the form of marriage. If the marriage was contracted under French law, but is dissolved under Islamic law, then, obviously, such divorces should not be recognized. At the same time, it should be noted that the citizens of Islamic states constantly arriving in European countries, in fact, have already created their own system of law in certain regions, according to which they enter into marriages, dissolve marriages, and resolve issues about children. Thus, a situation is emerging in which the authorities partially lose control over the regulation of family and marriage relations of representatives of the Islamic faith on the territory of their state. They, of course, are free not to recognize marriages and divorces committed in this way, but at the same time, such states cannot change their system of law, regulating the issues of marriage for Islamic peoples with separate norms, since they are either already citizens of European states, or have permission to reside in these states, and in this case, they must conclude a marriage through consular offices, if the goal is to conclude and dissolve a marriage under the law of the country of origin or citizenship. It is necessary to take into account the fact that if there are conflict-of-law rules governing the rights of foreigners to dissolve a marriage by the law of their country in a court of another state, it can always be difficult to clearly define the content of foreign law, which significantly delays the process of divorce. However, most often the law of court law, the law of place of residence is applied, since this is the most convenient procedure for the court.

The issues of divorce, regulated by the existing conventions, should be considered rather outdated at this point in time, and this means that a detailed study of new norms is required that will combine the current trends in marriage and divorce.

Bibliography:

1. Gozman L.Ya., Aleshina Yu.E. Socio-psychological studies of the family: problems and prospects // Vestnik Mosk. University. Ser. 14. Psychology. - 2005 .-- 4. - S. 10 - 20.
2. Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of January 22, 1993 (within the framework of the CIS) // ATP "Consultant", 2016.

Divorce in private international law

· Divorce in the Russian Federation. A marriage between foreigners and citizens of the Russian Federation, as well as a marriage between foreigners, is terminated in accordance with Russian law. Thus, citizens of the Russian Federation who live outside of Russia have the right to dissolve a marriage with a foreign spouse, regardless of what nationality he has, in a Russian court.

· Divorce outside the Russian Federation. Divorce between citizens of the Russian Federation or between foreigners and citizens of the Russian Federation, which is committed outside the Russian Federation, is also recognized in Russia.

· Divorce at a consular or diplomatic office. Such dissolution of marriage is considered possible if the dissolution of the marriage itself is allowed out of court.

Personal property and non-property relations of both spouses. This issue of the choice of the applicable law is decided on the basis of the territorial principle. If the spouses had or have a common place of residence, the conflict of laws is usually the so-called law of the state of the common last place of residence or place of residence.

International adoption or adoption of a child. When a child who is a citizen of the Russian Federation is adopted within the Russian territory by foreign citizens, the applicable law is usually determined by the actual law of the adoptive parent. In addition, the requirements of the law of the Russian Federation, as well as the necessary provisions of international treaties concerning this international adoption with the participation of the Russian Federation, must be taken into account.

In such (international) adoption or adoption, when the actual nationality of the child and the adoptive parent does not coincide, special consent of the competent state authorities at the place of residence of the child may be required. With this adoption within the Russian Federation by Russian citizens of a child - a foreigner, you must also obtain the consent of the competent authorities, but of the state of which the child is currently a citizen.

In accordance with the Family Code of the Russian Federation divorce between citizens of the Russian Federation and foreign citizens or stateless persons, as well as marriage between foreign citizens on the territory of the Russian Federation is made in accordance with the legislation of the Russian Federation.

A citizen of the Russian Federation residing outside the territory of the Russian Federation has the right to dissolve a marriage with a spouse residing outside the territory of the Russian Federation, regardless of his citizenship in the court of the Russian Federation. In the event that, in accordance with the legislation of the Russian Federation, dissolution of a marriage is allowed in the civil registry offices, the marriage may be dissolved in diplomatic missions or consular offices of the Russian Federation.

Dissolution of a marriage between citizens of the Russian Federation or dissolution of a marriage between citizens of the Russian Federation 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 that made decisions on the dissolution of marriage, and the legislation applicable to dissolution of marriage , is recognized as valid in the Russian Federation.

Dissolution of a marriage between foreign citizens, committed outside the territory of the Russian Federation in compliance with the legislation of the respective foreign state on the competence of the bodies that made decisions on the dissolution of marriage, and the legislation applicable to the dissolution of marriage, is recognized as valid in the Russian Federation.

Along with the Family Code, the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, adopted in Minsk on January 22, 1993, is in force, according to which the legislation of the Contracting Party, the citizens of which are the spouses at the time of filing, applies to cases of divorce. statements.

If one of the spouses is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the law of the Contracting Party whose institution is considering the divorce case shall apply.

The conflict-of-law rule of the Convention uses two criteria for determining jurisdiction: the citizenship of the spouses and their place of residence. Moreover, the first provision of this conflict of laws rule determines the competence of judicial institutions for considering a divorce case solely on the basis of the principle of the spouses' citizenship. As for the place of residence of spouses who are citizens of one state, if both spouses reside in the country of their citizenship, then the application of the norms of private international law and, in particular, the Convention is excluded, and the competence of the judicial institution in this case is determined solely on the basis of the norms of national legislation the state of their residence.

If the marriage of spouses - citizens of one of the states - parties to the Convention, but residing in different states - parties to the Convention is dissolved, then the institutions of the state of which they are citizens are competent.

Conflict issues of personal and property relations between spouses, between parents and children

Personal non-property and property rights and obligations of spouses are defined differently in different countries. Basically, these legal relationships are subject to the principle of joint residence.

In accordance with paragraph 1 of Art. 161 of the Family Code of the Russian Federation, personal non-property and property rights and obligations of spouses are determined by the legislation of the state in whose territory they have a joint residence, and in the absence of a joint residence by the legislation of the state in whose territory they had their last joint residence. Personal non-property and property rights and obligations of spouses who did not have a joint residence are determined on the territory of the Russian Federation by the legislation of the Russian Federation.

The Family Code also speaks of the possibility of concluding a marriage contract, which is now widespread due to the fraudulent actions of one of the future spouses. When concluding a marriage contract or an agreement on the payment of alimony to each other, spouses who do not have a common citizenship or joint residence may choose the legislation to be applied to determine their rights and obligations under a marriage contract or an agreement on the payment of alimony. If the spouses have not chosen the applicable legislation, the provisions of paragraph 1 of this article shall apply to the marriage contract or to their agreement on the payment of alimony.

In an effort to ensure that citizens of the Contracting Parties and persons residing in their territories are provided in all Contracting Parties with respect to personal and property rights the same legal protection as their own citizens, the participating States have signed the Convention on Legal Assistance and Legal Relations in Civil, family and criminal cases in Minsk on January 22, 1993

According to this Convention, the personal and property legal relations of the spouses are determined by the legislation of the Contracting Party, on the territory of which they have their joint residence.

If one of the spouses resides in the territory of one Contracting Party, and the other - in the territory of the other Contracting Party, and both spouses have the same citizenship, their personal and property legal relations are determined by the legislation of the Contracting Party of which they are citizens.

If one of the spouses is a citizen of one Contracting Party, and the other is of the other Contracting Party and one of them resides in the territory of one, and the other in the territory of the other Contracting Party, then their personal and property legal relations are determined by the legislation of the Contracting Party in whose territory they are had their last joint residence.

If the persons did not have a joint residence in the territories of the Contracting Parties, the legislation of the Contracting Party, the institution of which is considering the case, shall apply.

The legal relations of the spouses concerning their immovable property are determined by the legislation of the Contracting Party in whose territory this property is located.

The legal status of a child proceeds from his belonging to a certain state, that is, from his citizenship.

In accordance with Art. 12 of the Federal Law of May 31, 2002 No. 62-FZ "On Citizenship of the Russian Federation" the child acquires citizenship Of the Russian Federation by birth, if on the child's birthday:

1) both of his parents or his only parent have the citizenship of the Russian Federation (regardless of the place of birth of the child);

2) one of his parents has the citizenship of the Russian Federation, and the other parent is a stateless person, or recognized as missing, or his location is unknown (regardless of the place of birth of the child);

3) one of his parents has the citizenship of the Russian Federation, and the other parent is a foreign citizen, provided that the child was born on the territory of the Russian Federation, or if otherwise he becomes a stateless person;

4) both of his parents or his only parent living in the territory of the Russian Federation are foreign citizens or stateless persons, provided that the child was born in the territory of the Russian Federation, and the state of which his parents or his only parent are citizens does not provide the child your citizenship. A child who is on the territory of the Russian Federation and whose parents are unknown becomes a citizen of the Russian Federation if the parents do not appear within six months from the date of his discovery.

According to the Decision of the Constitutional Court of the Russian Federation of April 21, 2005, No. 118-O, the provision of clause "a" of the first part of Art. 12 of the Federal Law "On Citizenship of the Russian Federation" does not prevent a person whose both parents or his only parent are recognized as citizens of the Russian Federation by birth, regardless of the place of birth of this person in the territory of the former USSR, in the registration of recognition of citizenship of the Russian Federation by birth, if only this person has not lost the citizenship of the Russian Federation by her own free will.

In accordance with the Family Code of the Russian Federation:

1) the establishment and contestation of paternity (motherhood) are determined by the legislation of the state of which the child is a citizen by birth;

2) the procedure for establishing and challenging paternity (motherhood) on the territory of the Russian Federation is determined by the legislation of the Russian Federation. In cases where the legislation of the Russian Federation allows the establishment of paternity (motherhood) in the civil registry offices, the parents of the child living outside the territory of the Russian Federation, of whom at least one is a citizen of the Russian Federation, have the right to apply for the establishment of paternity (motherhood) to diplomatic missions or consular offices of the Russian Federation. The rights and obligations of parents and children, including the obligation of parents to support their children, are determined by the legislation of the state on the territory of which they have a joint place of residence. In the absence of a joint residence of parents and children, the rights and obligations of parents and children are determined by the legislation of the state of which the child is a citizen.

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