Civil status act examples. What are civil status acts and what are they? Legislation regulating the procedure for registration of acts


With the adoption of the new Civil Code of the Russian Federation (its first part), the regulation of relations related to the registration of acts civil status, was referred to the competence of civil legislation. Previously, these issues were regulated by the Code of Sports and Social Security of the RSFSR (1969).

General provisions relating to civil registration are contained in Art. 47 Civil Code of the Russian Federation. The definition of the bodies that carry out registration of acts of civil status, the procedure for registering these acts, the procedure for changing, restoring and canceling civil status records, forms of act books and certificates, as well as the procedure and terms of storage of act books are covered by Art. 47 of the Civil Code (clause 4) to the competence of a separate law on acts of civil status. Such a law was adopted and came into force - the Federal Law “On Acts of Civil Status” dated November 15, 1997 No. 143-FZ.

Civil status acts

Civil status acts- the main events in a person’s life are subject to mandatory registration on behalf of the state in the registry office. Their list is established in paragraph 1 of Art. 47 Civil Code of the Russian Federation. It is exhaustive and is not subject to broad interpretation. The following are subject to state registration:

State registration of these events is important for the protection of personal and property rights of citizens, since the law associates with such events the emergence, change or termination of a number of important rights and obligations. Thus, with the birth of a child, his parents have parental rights and responsibilities, maintenance obligations; with the death of a person, inheritance rights arise in relation to his property, the right to a pension for his minor children, etc.

Purpose state registration is to establish beyond dispute that the relevant events occurred and when they occurred. In some cases, the law gives the act of registration a legal-forming (legal-terminating) meaning, i.e. establishes that the corresponding rights and obligations arise or terminate only from the moment of registration of the civil status act. This importance is attached to the registration of marriage (Article 10 of the RF IC) and divorce (if it is dissolved by the registry office - Article 25 of the RF IC).

Registration of acts of civil status is carried out in state interests; in order to know population dynamics (how many are born, die, marry, etc.). These data are necessary to develop scientifically based forecasts of economic and social development countries.

State registration of acts of civil status is carried out territorial authorities records of acts of civil status, formed by executive authorities of the constituent entities of the Russian Federation. Acts of civil status of Russian citizens living abroad are registered consular offices Russian Federation.

Acts of civil status performed according to religious rites before the formation or restoration of registry offices are recognized as valid (for example, during the Great Patriotic War in the occupied territories). They are equivalent to acts of civil status performed in the registry office and do not require subsequent state registration.

State registration of acts of civil status

State registration of acts of civil status carried out by compiling two identical copies of the civil status record on the appropriate form, which includes necessary information about the citizen and about the act of civil status itself. Based on the completed record, citizens are issued a certificate - a document certifying the fact of state registration of a civil status act. Certificate forms are printed on stamp paper and are documents strict reporting; Each such form has a series and number.

What specific information should be included in a particular civil status record (about birth, marriage, etc.), as well as in the relevant certificates, is established in the Federal Law “On Civil Status Acts”, and the forms of these documents are approved by the resolution Government of the Russian Federation dated July 6, 1998 No. 709.

The first and second copies of civil status records (for each type of record separately), compiled within calendar year, are formed in chronological order in the books of state registration of acts of civil status (act books). The storage period for vital records is 75 years from the date of compilation of civil status records, after which they are transferred to state archives. The first copies of the registration books are stored in the registry office at the place of their compilation, the second - in the executive authority of the constituent entity of the Russian Federation, whose competence includes organizing activities for state registration of acts of civil status in this region.

To compile a civil status record, citizens must submit documents that are the basis for state registration of a civil status act (for example, a certificate established form about birth or death, joint statement father and mother of the child who are not married to each other, to establish paternity or a court decision to establish paternity, etc.), as well as an identification document of the applicant.

Each civil status record must be read by the applicant, signed by him and the employee making the record, and sealed with the seal of the registry office. Responsibility for the correctness of the state registration of a civil status act and the quality of compilation of the record rests with the head of the relevant registry office.

Information that has become known to the employee of the registry office in connection with the state registration of a civil status act is personal data and belongs to the category confidential information, have limited access and are not subject to disclosure. The registry office has the right to provide this information only at the request of a court (judge), the prosecutor's office, inquiry or investigation, or the Commissioner for Human Rights in the Russian Federation.

A refusal to state register a civil status act may be appealed by an interested person to the executive authority of a constituent entity of the Russian Federation, whose competence includes organizing activities for state registration of civil status acts in a given region, or to a court.

Changes or corrections in civil registration

Changes or corrections in civil registration are entered by the registry office at the request of interested parties (for example, when errors were made when making an entry: distortions, omission of information, etc.), based on a court decision (for example, based on a court decision to exclude information about the child’s father when challenging paternity), based on decisions administrative bodies(for example, decisions of the guardianship and trusteeship authority to change the child’s name or surname - Article 59 of the Family Code), based on other compiled civil status records (for example, changes are made to the birth record on the basis of a record of establishing paternity or adoption).

The refusal of the registry office to make changes or corrections in the civil status record may be appealed to the court, and necessary corrections or changes will be made by court decision. Only on the basis court decision corrections or changes are made to the civil registry if there is a dispute between interested parties.

If a certificate of state registration of acts of civil status is lost, a citizen, at his request, may be issued a second certificate by the registry office on the basis of a civil status record kept in the custody of the registry office. Herself a lost civil status record can only be restored based on a court decision on establishing the fact of registration of the relevant act of civil status (Article 247 of the Code of Civil Procedure). The basis for going to court is a message from the executive authority of a constituent entity of the Russian Federation, whose competence includes organizing activities for state registration of acts of civil status in a given region, about the absence of a primary (or restored) civil status record. Based on the restored civil status record, the citizen is issued a certificate of state registration of the civil status act with a note that the record has been restored.

Cancellation of civil status records

Cancellation of civil status records carried out by the registry office at the place of storage of these civil status records on the basis of a court decision: to recognize the marriage as invalid; on the reversal of a court decision on divorce; on the cancellation of a court decision declaring a citizen dead, etc. From the moment of cancellation, the civil status record loses its legal meaning. The certificate that was issued on the basis of this entry also ceases to be valid.

For state registration of acts of civil status is charged National tax, the amount and procedure for payment (exemption from payment) of which is determined by the Law of the Russian Federation “On State Duty”.

Features of the procedure for registering acts of civil status related to the family legal status of a citizen are reflected in the previous chapters of the textbook.

    Question:

    How much is the state fee for re-certification?

    Answer:

    Pursuant to Section 333.26 Tax Code Russian Federation, state duty for issuance re-certification for state registration of acts of civil status is 350 rubles, for issuing certificates - 200 rubles.

    Please note that Articles 333.35 and 333.39 of the Tax Code provide for benefits when paying state fees.

    Question:

    My child is six years old. The birth certificate is poorly preserved; many letters are not visible, and because of this, problems arise. different problems when preparing documents. What needs to be done to change it to a new one? We registered the child in Moscow, we also live in Moscow.

    Answer:

    To obtain a second birth certificate, you can contact the civil registry office at the place of state registration of birth, having your passport with you and paying a state fee of 350 rubles.

    Question:

    How can I get a birth certificate issued in Baku, Republic of Azerbaijan, if I live in Moscow?

    Answer:

    You should contact the civil registry office nearest to your place of residence to request a birth certificate from the territory of the Republic of Azerbaijan. For requesting a document from the territory foreign country state duty is paid. IN currently it is 350 rubles. When contacting the civil registry office, you must have a passport with you; in case of a change in surname, documents confirming the change of surname to confirm the right to request the document.

    Question:

    I was born in Moscow, but my parents don’t remember where they registered my birth. Now my birth certificate is lost, where can I go for a duplicate?

    Answer:

    To establish the place of state registration of birth, you should contact the civil registry office nearest to your place of residence. You must have a passport and marriage document with you (if you got married and changed your last name). If the state registration of marriage was carried out by the Moscow Civil Registry Office for the period from January 1, 1990 to the present, it is enough to provide information about the state registration (full name of the spouses, date and place of registration). After the check, you will be informed which department of the civil registry office registered your birth and where you need to go to obtain a repeat certificate.

    Question:

    My uncle and aunt got married in Moscow in 1960, in which registry office I don’t know, but they lived somewhere in the Arbat area. How can I get a certificate of this marriage now?

    Answer:

    A marriage certificate for your aunt and uncle can be issued to you only if the spouses (one of the spouses) are no longer alive.

    Since you do not know the place of registration of the marriage of your relatives, you should apply to the registry office at your place of residence, indicating all the information about this marriage that you have, as well as information about the registration of the death of the spouses (one of the spouses).

    Question:

    I got married in Moscow, but now I live in Kostroma. How can I get a second marriage certificate?

    Answer:

    You need to submit a written application to the civil registry office of the city of Moscow at the place where the marriage was registered. If you do not remember which civil registry office registered your marriage, you can send your application to the Archives and Information Department (101000 Maly Kharitonyevsky Lane, 10).

    Please note that the repeated certificate will be sent to the civil registry office at your place of residence in Kostroma, information about which you will also need to indicate in the application.

    Question:

    My mother was born in the Smolensk region. Now she has died, and I need her birth certificate. Where to go to get it?

    Answer:

    You need to contact the registry office of the Smolensk region, where the birth of your mother was registered. If you do not know the name of this registry office department, please contact central authority Civil registry office of the Smolensk region. You can find information about it on the Internet or at Single portal government services.

    Question:

    Where can I get a second birth certificate if my birth was registered at a registration point at a military unit on the territory of the GDR (at the USSR consulate in Germany)?

    Answer:

    If you were born before 1979, to obtain a repeat certificate, you or a person authorized by you must contact the Department of accumulation, storage, issuance of documents of the Civil Registry Office of the Civil Registry Office of the Moscow Region (127051 Sredny Karetny per., 7 building 1).

    If you were born in 1979 or later, you must contact the Archive and Information Department of the Moscow Civil Registry Office (101000 Maly Kharitonyevsky Lane, 10).

    Question:

    When registering my marriage, I took my husband's last name. We are now divorced. How to confirm a last name change?

    Answer:

    To obtain a marriage certificate confirming the change in your last name, you need to contact the civil registry office at the place where the marriage was registered.

    Question:

    Is it possible to receive a second marriage certificate by email?

    Answer:

    Documents on state registration of civil status acts have legal force, only if they are issued in accordance with the established procedure on special form on on paper. Therefore in in electronic format they are not issued (not sent).

    Question:

    Where can I get the lost birth certificate of my grandmother, who was born in Moscow in 1917?

    Answer:

    The Moscow civil registry office stores records of acts compiled by civil registry offices starting from 1918. Metrical records produced by churches in an earlier period are stored in the Central Historical Archives of Moscow (117393, Moscow, Profsoyuznaya St., 80). For your information, we inform you that state archives issue archival certificates based on metric records.

    Question:

    Please tell me where and how should my friend, a Russian citizen living abroad, apply to restore his birth certificate if he was born in Moscow on March 15, 1979?

    Answer:

    To receive assistance in requesting a duplicate birth certificate, your friend should contact The Consular Section Embassies of the Russian Federation on the territory of the state where he is now located.

    Question:

    I got married in Murmansk, now I need a marriage certificate. Does it exist common base so that I can get a certificate from the Moscow Civil Registry Office at my place of residence?

    Answer:

    Possibility of obtaining repeated document at the civil registry office at the place of application, according to Federal law dated June 23, 2016 No. 219-FZ, will be implemented from January 1, 2021, upon completion of work on the creation of a Unified state register civil records. Until this moment, a certificate of marriage can only be issued by the registry office at the place where the record of the marriage is kept. You can send it to the registry office of the city of Murmansk written statement about issuing a certificate with a request to send the document to the registry office of the city of Moscow indicated by you.

Civil registration is a function of government bodies, with the help of which they record the current legal status of a citizen. Let's figure out the purpose for which such registration is needed, what exactly is being registered, and who exactly is doing it.

Concept of civil registration

What are civil status acts?

First of all, you need to decide what the acts themselves that are subject to state registration are.

WITH legal point From our point of view, these are legal facts - that is, life circumstances with which the law associates the occurrence, presence of changes or cessation legal relations. They can be both actions of citizens depending on their will (for example, marriage), and events occurring against the will of any person (for example, death or birth).

However, those facts that require state registration of civil status acts play special role. This is due to the fact that civil status concerns the very foundations of the legal status of citizens:

  • whether the citizen is alive or has already died;
  • what name does he have?
  • whether he is married;
  • whether he has children - or who is his son or daughter, etc.

In order to officially consolidate and certify this status of a person, state registration authorities maintain special register books in which entries are made regarding the emergence, changes or termination of civil status.

The procedure for making records and making corrections, if necessary, is determined by law.

What kind of acts are subject to registration?

The list of acts subject to registration with the issuance of a certificate is determined by the Civil Code of the Russian Federation:

  • The birth of a person. Although the law speaks primarily about citizens on the territory of Russia, the birth of all children is registered. Even if both parents are foreigners or stateless persons (stateless persons), the local civil registration department is obliged to make an appropriate entry in the register and issue a birth certificate.
  • Getting married. As a matter of fact, it is the making of an entry in the register book at the registry office that is considered the moment when the marriage becomes valid. As in previous case, registration authorities are required to make a record of the marriage of two foreigners or stateless persons. The only difference here will be that they will need a document stating that they are no longer married in their homeland: Russian legislation does not recognize bigamy or bigamy.
  • Divorce. Russian legislation recognizes freedom marital relations. Every capable citizen has the right not only to enter into marriage, but also to dissolve it. Well, since marriage is subject to registration, an entry about divorce is also made in the register book.
  • Adoption. By family law legal connection between an adoptive parent and an adopted child is practically no different from that which arises between a father (mother) and a natural child. That is why civil status acts subject to state registration include this legal fact.
  • Establishing paternity. Since the times of Roman law there has been a well-known saying: “Mater semper certa” - “The mother is always precisely known.” But the same cannot be said about my father. If a child was born in marriage, the mother's husband is registered as the father. But if there is no marriage, then paternity must be established - through the court or at the request of the person. And in this case, the civil registration department issues a certificate that paternity has been established, and a specific man is recognized as the father of the child. After this comes numerous legal consequences- from the father’s obligation to pay alimony to the right of a son or daughter to receive an inheritance.
  • Name change. Every citizen has the right to a name, which serves as a way to accurately identify a person. Usually a name is given to a person at birth and includes both the first name itself and the surname and patronymic (if national customs or the laws do not provide otherwise). However, every citizen of Russia has the right to change his name and demand that the civil registry office make entries about this in the register books.
  • Death. It terminates any legal relationship in which a person was a participant if the law does not allow succession. The deceased no longer has any rights or responsibilities.
    The list of civil status acts is exhaustive. There is no need to register anything else with the registry office and receive a certificate.

Who carries out civil registration?

According to the law, state registration is carried out:

  • specialized organizations falling under the jurisdiction of the constituent entities of the Russian Federation (registry offices);
  • consulates of the Russian Federation - on the territory of foreign states;
  • captains of merchant ships with Russian registration. However, captains have the right to register only two acts - the birth of a person on a ship and death at sea. In the event that a birth or death occurred in a port, the principles of civil registration require contacting the civil registry office (in Russia) or the consulate (in a foreign port). Previously, during the times of the USSR, captains were allowed to register and certify with a seal the change of name of a crew member, but now the Code of Technical Regulations of the Russian Federation and other regulations do not give them such a right. It should be noted that captains only register the fact by making an entry in the ship's log, but do not issue a certificate - you must apply for it to government agencies.

Legislation regulating the procedure for registration of acts

Registration rules are regulated by law. In order for registration to receive legal force, it is necessary for it to be consolidated with the help of a law, a presidential decree, or a departmental normative act(for example, instructions from the Ministry of Justice of the Russian Federation).

First of all, it is necessary to note the Constitution of the Russian Federation. It reinforces the basic principles Russian law- including those related to the civil status of people on the territory of our country. In second place will be the codes - the Civil Code and the RF IC.
The rules are specified on what is the procedure for making entries in the register books or methods of corrections in already entries made, with the help of the Federal Law “On Acts of Civil Status”.

The exact procedure is determined by by-laws.

In addition, the rules of other branches of law also apply in this area. For example, the amount of state duty for registering or making corrections to existing ones is regulated by tax legislation.

Rules for civil registration

The procedure by which acts of civil status subject to state registration are recorded is strictly determined by the rules of law. The following rules apply here:

  • People themselves choose the registry office where to apply. However, there are cases when registration authorities are determined normatively. In particular, in a number of cities, registration certificates for foreigners are issued only in one specific registry office.
  • Citizens have the right to use their native language. If they do not speak the language in which the proceedings are conducted (in the republics of the Russian Federation it is possible to use local languages), it is possible to use the services of a translator;
  • All actions and decisions of civil registry office employees can be appealed in court;
  • In most cases, registration and issuance of a certificate requires the personal presence of a citizen. However, sometimes only one of the interested parties is allowed to participate. For example, the procedure for dissolving a marriage through the registry office or establishing paternity allows the presence of only one of the spouses or parents. There are no problems with this. Representation is permitted for persons incapacitated or minors;
  • In some cases, the issuance of a certificate is carried out not at the request of the citizens themselves, but at the request of interested persons or authorities. For example, a birth certificate can be issued upon the application not of the parents themselves, but of neighbors, employees medical organization etc. Adoption can also be registered by guardianship authorities;
  • Registration must be carried out within the time limits established by law. They depend on how complex the issue is regarding the registration of new acts or corrections to existing ones. In particular, the procedure relating to changes in a citizen’s name requires verification of information - and, accordingly, a long period of time. On the contrary, in some cases the terms may be reduced. For example, registering a marriage by general rule produced in month period- but if available good reasons can be produced earlier;
  • The consequences of missing the registration deadline vary. For example, if, after the divorce has already been registered in the registry office, facts are discovered that impede the dissolution of the marriage, the restoration and annulment of civil status records is not carried out. But if the deadline for registering name changes is missed, problems arise for the citizen - and the changes are not registered;
  • Recording new records or making corrections or changes to existing ones requires the presence of either supporting documents or other evidence, the use of which is permitted established by law order. In some cases, a certificate can be issued only after the court makes a decision on this issue. For example, the divorce of a husband and wife who have children together is carried out only through the court - the registry office itself does not have the right to register changes in their marital status;
  • In some cases, a civil registry office employee does not have the right to register new acts or changes in records of existing ones. In particular, he cannot make records about himself, his spouse or close relatives. In this case, registration must be carried out either by another employee - or you have to contact another organization.

The procedure for making changes or corrections to records of acts

In the case when a previously issued certificate does not reflect the real situation that has developed regarding the legal status of a citizen, it is necessary to make corrections or changes to existing acts.

Correction of records itself is possible in the following cases:

In the event that interested parties argue among themselves, changes or corrections are allowed only on the basis of a court decision. But if there is no dispute, then the records are corrected or changed if one of the following reasons exists:

  • an existing record of establishing a fact (adoption, change of name, establishment of paternity, etc.). Registration of such a circumstance requires making corrections to existing records.
  • decision of the guardianship authority changing the child’s first or last name;
  • mother's statement regarding the child's father. It should be noted that if the father is unknown or if the mother is unmarried, then the record of paternity is made from the words of the mother;
  • document issued investigative authorities that the identity of a person whose death had already been recorded as the death of an unidentified person has been established;
  • document on the death of a person illegally repressed in Soviet time and later fully rehabilitated, if the death record has already been made earlier;
  • conclusion of the registry office management on making corrections related to mistakes made or violations of the law;
  • medical document on gender reassignment. In this case, there are numerous problems associated with proving and recording the circumstances. However, in practice, sex reassignment operations medical indications are carried out regularly, and just as regularly their results serve as the basis for registry offices to correct existing documents.

Restoration of civil records

Restoration and cancellation of vital records is a special procedure that deals with cases where the original record is either lost or inaccurate.

In each case, a court decision is required that will confirm that a legal fact regarding either the presence of real circumstances that are not confirmed by documents, or the absence of erroneously confirmed events, actually occurred.

A mark is placed on the document issued by the registry office indicating that the entry is either restored or cancelled.

Acts of civil status (from the Latin actio - action, deed) according to the Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status” 1 are recognized as actions of citizens or events affecting the emergence, change and termination of rights and obligations, and also characterizing legal status citizens. Civil status acts are legal facts, since the law connects with them the emergence, change and termination of rights and obligations.

The list of circumstances that are classified as acts of civil status is given in paragraph 1 of Art. 47 Civil Code and in paragraph 1 of Art. 3 of the Law on Civil Status Acts. They provide the following kindscivil status acts:

    birth,

    marriage,

    divorce,

    adoption,

    establishment of paternity,

1 SZ RF. 1997. No. 47. Art. 5340; 2001. No. 44. Art. 4149; 2002. No. 18. Art. 1724; 2003. No. 17. Art. 1553; 2003. No. 28. Art.

    2889 (hereinafter referred to as the Civil Status Law).

    name change,

death of a citizen. Each of specified circumstances subject tostate registration, which is established for the purpose of protecting property and personal property property rights citizens. Registration is carried out by the civil registry office (registry office), which draws up the corresponding record of the act in a book of the established form (book birth registration, marriage registration book, etc.). Issued based on the record registration certificate

stratification of the civil status act, which certifies the fact of registration 1. If there are grounds provided for in paragraph 2 of Art. 69 of the Law on Civil Status Acts, and in the absence of a dispute between interested parties, the registry office makes

Corrections or changes to the civil status record can be made based on the conclusion of the registry office. This is possible, in particular, if the civil status record contains incorrect or incomplete information, or if there are spelling errors. For example, in the birth record of a child, the mother’s middle name was indicated with an error: instead of “Maksimovna,” “Maksumovna” was written. Such an error can be corrected on the basis of the conclusion of the registry office itself.

In accordance with the procedure provided for by the Civil Status Act (Articles 74, 75), it is possible reinstatement and cancellation civil records.

When studying legal regulation relations related to acts of civil status, it is necessary to take into account that not all events and facts that affect the legal status of a citizen are subject to special recording and registration.

For example, declaring a citizen incompetent due to mental illness significantly affects his civil status, but a special entry in the registry office about this fact is not provided. Records are made only about those events and facts specified in the law.

Article 3 “On Acts of Civil Status” defines acts of civil status as actions of citizens or events affecting the emergence, change or termination of rights and obligations, as well as characterizing the legal status of citizens. Acts of civil status, as the basis for the emergence of civil rights and obligations, are also indicated in Art. 8 Civil Code RF (Civil Code of the Russian Federation). In particular, in accordance with Part 1 the said article According to the Civil Code of the Russian Federation, the basis for the emergence of civil rights and obligations are the grounds provided by law . Item 2, part 1, art. 8 of the Civil Code of the Russian Federation, specifying this provision, clause 2, part 1, art. 8 of the Civil Code of the Russian Federation establishes that civil rights and obligations arise from acts of state bodies and bodies local government , which are provided by law as the basis for the emergence of civil rights and obligations. The basis for the emergence of civil rights and obligations arising from the Law “On Acts of Civil Status” is registration in in the prescribed manner by the civil registry office (other authorized to register government agency

) civil status act. Thus, the act of civil status itself, although it has taken place, does not entail the emergence of a certain legal status for the citizen. Only after registration of this act V order, the citizen is endowed with the corresponding rights and responsibilities.

For example, if a man and a woman decide to live together (in a so-called “civil” marriage), this does not mean that they have entered into a marriage and bear the scope of rights and responsibilities that spouses are endowed with. In particular, the property of the “common-law” spouse cannot be foreclosed on for the debts of the “common-law” spouse; not required notarization consent of the “common-law” spouse to the other “spouse” completing a transaction by order real estate or a transaction the completion of which requires notarization or registration in the manner prescribed by law; " common-law spouse"will not be an heir at law.

Likewise, the death of a citizen, as a biological process, cannot be considered as the basis for the heirs to have the right to inheritance. The day of registration of a citizen’s death is considered the day of opening of the inheritance.

The legal status of a citizen is the scope of rights and obligations that characterizes him as a subject civil legal relations. This volume is determined by the legal capacity of the citizen, that is, the citizen’s ability to have certain rights and bear responsibilities. Legal capacity, and therefore the scope of rights and obligations, is determined in accordance with the Civil Code of the Russian Federation, the age of the citizen and his legal capacity, that is, the ability to acquire and exercise rights, accept and bear responsibilities. Full legal capacity citizenship occurs at the age of eighteen. For example, a minor like incompetent citizen cannot carry out certain transactions. However, the lack of registration certain act civil status does not allow a citizen to exercise a certain amount of rights or bear responsibilities that arise after drawing up the corresponding act record. For example, enter into a new marriage before the previous one is dissolved.

On the other hand, registration of such a civil act as marriage by a person under the age of majority entails vesting the minor spouse with legal capacity in in full. This norm rights are secured by Part 2 of Art. 21 Civil Code of the Russian Federation. Thus, a citizen aged fourteen to eighteen years can only make transactions with written consent their legal representatives who are the parents, adoptive parents or guardians of the minor. If a minor gets married, then he can independently acquire the full scope of rights and bear responsibilities as an adult participant civil relations.

Acts subject to state registration:

  • - birth,
  • - marriage,
  • - divorce,
  • - adoption,
  • - establishment of paternity, change of name and death.

Taking as a basis a legal fact (the basis for the emergence, change or termination of specific legal relations), it is possible to produce the following classification civil status acts:

  • 1) actions of citizens (legal facts depending on the will of people): marriage, divorce, adoption of a child, establishment of paternity, change of name;
  • 2) events (legal facts that do not depend on the will of people): birth, death.

With these acts of civil status, legislation connects the emergence, change and termination of a number of important rights that a citizen is endowed with as a person and as a subject of civil law relations. The scope of these rights and obligations characterizes the legal citizen's position.

So, with birth a child acquires such important rights human rights, such as the right to life, freedom and personal integrity, equality, etc. It should be noted that a child is endowed with this scope of rights from the moment of birth as a biological process. Registration of birth as an act of civil status allows him to acquire the rights of a citizen, for example, to be an heir.

Specific rights include the child’s right to live and be raised in a family, the right to know his parents, the right to care and to live together with them. Upon reaching adulthood, a citizen is endowed with the full scope of rights that allow him to be characterized as a subject civil law. A citizen's age is counted from the date indicated on the birth certificate.

Also, from the moment a person is born, his parents are vested with a certain amount of rights and responsibilities: the right to live with the child, to participate in his upbringing, to ensure that the child receives basic general education etc.

The death of a citizen entails the emergence of legal relations, regulated by standards inheritance law, gives rise to heirs' rights regarding property previously owned by the deceased. At the same time, the death of a citizen entails the termination of all his rights and obligations.

Marriage, divorce is legal fact, entailing a change in legal relations between the spouses ( ex-spouses) in relation to property, as well as a change in the form of ownership of things (the emergence joint ownership on property acquired after marriage and shared property after divorce).

Adoption of a child is the emergence of the rights and responsibilities of the adoptive parent and the adopted child.

Establishment of paternity - occurrence parental rights and responsibilities. On the other hand, the emergence of the child’s rights in relation to his parent (regardless of whether he is a biological parent or is recorded on the birth certificate for other reasons).

Changing a name is a way for a citizen to exercise his right to a name. And, although the name is given to a citizen by his parents at birth, upon reaching the age of fourteen, he can independently decide to change it. Separately, we note that changing the name does not entail any changes in legal status a citizen, however, registration of a name change gives rise to the citizen’s obligation to notify a circle of persons specified by law about the change of name, patronymic or surname. A citizen can use a pseudonym (fictitious name), but all civil transactions must be carried out by him under his real name (proper name), which is registered in the vital record and distinguishes him from other participants in civil transactions.

The grounds for the emergence of rights and obligations arising after registration of a civil status act include acts of civil status committed according to religious rites before the formation or restoration of civil registry authorities, committed in the civil registry authorities in accordance with the legislation in force at the time of their commission. Such acts no longer require subsequent state registration. For example, according to the circular of the NKVD of the USSR dated August 28, 1926 No. 326 “On the validity of religious marriages concluded during the revolutionary period in the RSFSR,” church marriages concluded in the Moscow province before January 1, 1919 are equated to marriages registered by the registry office. In these cases, the document confirming the marriage, and, consequently, the legal status of the spouses, will be the wedding entry made in the church register (in fact, this is an analogue of the marriage entry entered in the deed book).

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