Are they related? About consultations (whether the cousin has the right to inheritance). The concept of “close relatives”

There are many situations when you need to know who is considered a close relative according to the law. The need to pay tax on a gift, division of an inheritance without a pre-written will, confirmation of nationality.

In some cases, situations arise when, on the contrary, it is necessary to confirm that there is no relationship between people - for marriage, employment in law enforcement agencies, etc.

The concept of “close relatives” in the legislation of the Russian Federation

Depending on the branch of law, the concept of “close relatives” has several interpretations.

So for example:
Article 14 of the Family Code of the Russian Federation states that close relatives include:
- relatives in a direct ascending as well as descending line (children, parents, grandparents and grandchildren);
- full (blood) and half (who have a common mother or father) brothers and sisters.

Article 25.6 of the Code of the Russian Federation on Administrative Offenses under the concept of “close relatives” means:
- parents and children;

- siblings;
- grandfather and;
- grandchildren.

Article 5, paragraph 4 of the Criminal Procedure Code of the Russian Federation calls close relatives:
- spouse;
- adoptive parents and adopted children;
- siblings;
- grandparents;
- grandchildren.

Clause 18.1 of Article 217 of the Tax Code of the Russian Federation states that close relatives are the persons listed in Article 14 of the Family Code of the Russian Federation.

Based on the above, the role of a spouse as a close relative is mentioned only in the Criminal Procedure Code. Who are spouses really related to each other?

Spouse: close relative or family member?

Considering that Article 14 of the Family Code contains the most complete list of persons who are considered close relatives, and the majority rely on it, the spouse is not considered a close relative, but belongs to family members.

From a legal point of view, family members are people who are related by kinship and (or) affinity, who live together, and also lead a joint household.

According to a letter dated October 7, 2010 from the Russian Ministry of Finance, the ex-spouse is neither a close relative nor a family member.

And if a husband gave an expensive gift to his wife, and they were divorced at the time of filing the return, the ex-wife is not required to pay tax on the expensive gift. To do this, the ex-spouse must attach to her declaration to the tax authority documents indicating legal marriage at the time of receipt of the gift and a certificate of divorce.

Take care of yourself and carefully study the law! After all, ignorance does not relieve one from responsibility.

COUSIN

COUSIN

COUSIN, cousin, cousin. Related by deed. Cousins ​​(children of siblings). Cousin (cousin of father or mother).

Ushakov's Explanatory Dictionary. D.N. Ushakov. 1935-1940.

See what "COUSIN" is in other dictionaries:

COUSIN, oh, oh. Indirectly related. D. brother, cousin (son, daughter of uncle or aunt). D. uncle, cousin (cousin, cousin of father or mother). D. nephew, cousin's niece (son, daughter of cousin... ... Ozhegov's Explanatory Dictionary

Cousin means related in the second degree.” For example, if Ivan and Maria are the children of siblings, then they are each other’s first cousins. Ivan's children are Maria's cousins... ... Wikipedia

Adj., used. compare often 1. Your cousin (your cousin) is the son (daughter) of your uncle or aunt. My cousin came for the holidays. 2. Your cousin (your great aunt) is your cousin... ... Dmitriev's Explanatory Dictionary

cousin- aya, oe Consisting in the second degree of kinship, through a grandfather or grandmother. Cousin. Cousin. Great aunt. He, like a cousin, kissed me tenderly and began to study science diligently with me... New orders began in learning: right away I... ... Popular dictionary of the Russian language

- (Brother). Formed from clan. local dv. other Russian, art. glory dvoyu genus, see two and genus (Frenkel, ZfslPh 13,207) ... Etymological Dictionary of the Russian Language by Max Vasmer

Adj. Related by grandfather or grandmother. Ephraim's explanatory dictionary. T. F. Efremova. 2000... Modern explanatory dictionary of the Russian language by Efremova

Cousin, cousin, cousin, cousins, cousin, cousin, cousin, cousins, cousin, cousin, cousin, cousin, cousin, cousin, cousin, cousin, cousin, cousin, cousin, cousin,... ... Forms of words

cousin- Original. Addition of the form gen. local pad., dual. part two (two) and dear. The original meaning is “belonging to two families,” then “second-degree brother or sister.” See genus (1))) ... Etymological Dictionary of the Russian Language

cousin- Formed by adding one of the case forms of the numeral two and the adjective native (native) ... Etymological Dictionary of the Russian Language by Krylov

cousin- two cousins... Russian spelling dictionary

Books

• World History of Art, P. P. Gnedich. Pyotr Petrovich Gnedich (1855-1925) - famous Russian playwright, translator, art historian, cousin of the famous writer N. I. Gnedich and relative of A. S. Griboyedov. Plays...
• Cousin, Elchin Isakov. “Allahu Akbar” sounded from the other end of Jerusalem. Then there was a loud bang and an explosion. Screams, groans, blinding smoke, an overturned bus, parts flying in different directions...

A brother or sister is often the closest to a person in the world. Sometimes you want to call a friend this way, but a real blood brother can only be someone with whom you have at least one common parent - mother or father. In addition, there are godbrothers, half-brothers, named brothers and, of course, cousins. Once you start to figure out which relatives are related to whom, it is very easy to get confused. And to understand, for example, who the cousin’s cousin is, becomes almost impossible.

What does the term mean?

Cousins ​​are those whose parents are blood brothers or sisters. That is, either your brother's mother is your aunt, or your father is your uncle. These laws of kinship apply regardless of gender. It’s just that if it is a female relative, then he is called a cousin, and if it is a male relative, he is called a cousin.

Literally, the word “cousin” means “belonging to two families.” And in a figurative meaning, this word can be understood as “belonging to the second degree of kinship.” By the way, other relatives can also be cousins: grandparents, aunts and uncles.

The need to determine degrees of relationship arose in those days when it was customary to have many children - at least five. They, in turn, had the same number of children, and in the end it became completely difficult to figure out who was dealing with whom. But it is also wrong to exclude a sibling from the kinship of children - after all, this is not the most distant relative. And, besides, in that era, family ties were very helpful, and people clung to them. Nowadays city dwellers usually limit themselves to communicating with relatives of the first generation, or at most the second. But earlier, the importance of family ties played a big role, and cousins, uncles and aunts were considered close people, despite the fact that there were so many of them.

Relation degree

Relatives do not always treat each other well, and sometimes they would prefer not to have anything in common, but this does not depend on their desire. Kinship is a connection between people, both emotional and legal, which is determined either by the presence of common ancestors, or by the act of marriage or adoption.

Relationships can be consanguineous or non-consanguineous (for example, through marriage and adoption). In addition, it has degrees. In addition to the emotional coloring, these degrees play a role in receiving an inheritance. Thus, first of all, the inheritance will be given to the closest relatives, and to second-order relatives only in the absence of the first ones. Immediate family members include parents, children, spouses and siblings. If there are no second-order relatives, then third-degree relatives can also claim the inheritance, and so on.

In the Russian tradition, there are dozens of names for degrees of kinship. This is due to the fact that our ancestors used to live in large communities, and belonging to a large family gave advantages, since it was easier to survive together.

It is noteworthy that in villages a similar attitude towards kinship can still be found today. At village weddings there are at least 100 people. And in the city it became very difficult to maintain such family ties, and such interesting names of kinship as father-in-chief, father-in-law, or daughter-in-law became archaic.

Step-brother

Do not confuse cousins ​​and stepbrothers. Stepbrothers are not blood. They became brothers as a result of the marriage between their parents. After all, after such a marriage, children begin to live together like brothers. But they are neither official nor blood relatives. If children are of different sexes, then theoretically they can even get married, but in practice this is condemned and considered immoral. Since many still see a hint of incest in this.

Cousins

There is an opinion that cousin is the same cousin, because in English and French this combination of words is translated as cousin. But here it is worth noting that literal translation is not always possible due to conceptual differences in cultures. Both the English and the French use the word “cousin” to designate a distant blood relative in the same tribe as someone, and not necessarily in the second. That is, they also call second and fourth cousins ​​cousins.

And if we transfer this word into the Russian language, then it is also only as a common name for all brothers, except for siblings. And “cousin,” accordingly, is the name for sisters of all tribes.

Who are the wives' or husbands' cousins?

They are relatives, naturally, not by blood. If we talk about who the husband’s cousin is, then we can say that he is the cousin-in-law. But, in fact, only a sibling is considered a relative and is simply called a brother-in-law.

Questions about, for example, who is the husband's cousin, are asked more for the sake of educational interest, and not in order to maintain such family ties. In the Russian tradition, this degree of relationship is called “seventh water on jelly.”

Children of cousins

Family ties such as grandmother - grandson, aunt - niece are preserved even with cousins, but with a prefix. And if we talk about a specific case, for example, about who your cousin’s daughter is, then she is your cousin’s niece. And the daughter of a second cousin will be a second cousin, that is, a niece in the third generation. Who is your cousin's son? Accordingly, a cousin's nephew.

The children of cousins ​​themselves will also have a relationship in relation to each other, but this time it will be threefold. This means they can be called second cousins. This relationship is already quite distant, and often they do not even know each other closely. But it’s still worth knowing about such relatives.

Can cousins ​​get married?

This question has two sides: moral and formal. According to Article 14, paragraph 2 of the Family Code of the Russian Federation, such marriages are possible. But from a moral, ethical and genetic point of view, this is extremely undesirable. This is still too close a relationship, and it can cause genetic abnormalities in the children of such spouses.

In the history of monarchical states, including the Russian Empire, there are many cases when, in order to maintain power, people married cousins. And since an heir was needed, they had to have children. The latter almost always had either poor health or some kind of abnormality.

Hemophilia of Tsarevich Alexei Nikolaevich Romanov was a hereditary disease of the Romanovs and, remarkably, other royal houses of Europe in the 19th-20th centuries. It was called “the royal disease” in those days. Now geneticists are very likely to claim that this pathology was caused by numerous incest in the reigning clans. Because then, in order to preserve the throne within the same clan, they did not disdain marriage between cousins, without seeing anything immoral in it.

Fourth and fifth cousins

The terms “fourth cousin”, “fifth cousin” and so on are formed rather by analogy and are rarely used in real life. In some cultures, it is customary for all numerous relatives to gather for weddings or funerals, and then at such events they begin to remember who is a fourth cousin and who is a sixth cousin. But, in fact, these are already very distant relatives. Whether such people should be considered relatives in the modern world is a philosophical question. After all, if you start digging even deeper, then all people on Earth are relatives to each other in the fourteenth generation.

Do you believe in the existence of your soulmate on this planet? Or not even one? When do you meet someone and realize that you have known them all your life and even knew them many lifetimes ago? Sometimes this feeling may very well be a delusion or just something you want to believe. How can you understand whether you have really met someone emotionally and spiritually (or mentally) close to you? Do soul mates exist?

● Do soulmates even exist?

Yes! Just believe in such magic of the universe. This is the person with whom you are connected much more deeply than with others. You understand each other perfectly and are magnetically attracted to each other. You always have something to talk about, and you don’t lose this interest.

● How do you know that you are lucky to meet such a soul?

Such a person treats you with cordiality and kindness, he brings out the best in you (and you in him too). This is not just a comrade and like-minded person who shares some common interests with you. In fact, your soulmate may not even have many points of contact with you, but you are still somehow magically attracted to each other. This is an absolutely inexplicable relationship in which the two of you are together, you do not pretend and remain yourself, becoming.

Moreover, your affection is unconditional. Kindred souls hear each other and lend their shoulder, even if the partner does not do the most plausible things. Such a person will also confidently voice criticism to you if you need to be sobered up on something. He is next to you and brings out your best qualities, motivating you to become more successful and positive.

You went through difficulties together - the loss of a loved one, dismissal or a streak of failures - and you also came out of these difficulties together, becoming even stronger and more seasoned. In addition, you teach each other to think rationally and give acceleration, stimulating progress. Moreover, you accept each other's imperfections and oddities, while feeling completely normal. Finding that kindred spirit doesn't mean writing a checklist of the right qualities that attract you in a person. It is difficult to understand with your mind, but you clearly feel it when you communicate with “your” soul mate.

● Is it possible to make a mistake?

Sometimes you may decide that this person is definitely your soul mate. But people tend to make mistakes and wishful thinking. You can convince yourself that you and your partner are true soul mates, even if this is not the case at all. You can also find a loved one and push him away from you because of your personal problems. And your soul mate may also let you go. Because this person subconsciously knows that this is better for the two of you.

If you think that you have finally met this kindred spirit, then you will have to work hard to build a relationship. And then make changes if necessary. Such communication is worth maintaining when you both feel at the level that it is right.

By the way, do not draw a parallel between your soul mate and your partner (spouse, other half). Sometimes it may just be the best, regardless of gender.

● Is this a common occurrence?

Based on studies related to divorce, infidelity, and relationships, relationship satisfaction decreases over time, so people begin to look for a companion or comrade who will fill some void in their lives. Such a friend may not always be a soul mate. Most often, this is just a fellow traveler at this stage of life. Soul mates are not an ordinary phenomenon, but rather a rare meeting and luck.

In everyday life, we hardly think about who our close relatives are. We call close - all blood and step-relatives from the same generation, as well as from the older or younger generation.

But in addition to the simple, philistine idea of ​​kinship relationships, there is an official, legal definition of this phenomenon.

Confirmation or refutation of a close family relationship may be required in many legal respects:

• upon marriage;
• upon deprivation or limitation of parental rights;
• when drawing up contracts;
• when paying taxes and state duties in case of receiving an inheritance or gift;
• when involved as witnesses in criminal proceedings;
• when inheriting by law, by will;
• when moving in and out of residential premises;
• upon employment, receiving paid and unpaid leaves, additional payments.

For example, the order of inheritance by law assumes that the priority applicants for inheritance are close relatives belonging to the first and second lines of inheritance. In other cases, if the testator left a will in which he indicated that the heirs were “close relatives”, but did not indicate specific persons, the husband or wife of the testator may find himself without a share, since by law he does not belong to this category.

But the given list of legal relations that follow from the concept of close kinship is far from complete.

The concept of kinship from the point of view of law is complex and ramified. In this article we will look at who is called a close relative by the legislation of the family, labor, housing, administrative and criminal branches of law.

Close relatives and family members

Oddly enough, in Russian legislation there is no uniform idea of ​​kinship relations. Each branch of law categorizes different individuals as close relatives.

Close relatives

Close relatives are direct ancestors or descendants along a vertical line (children and parents, grandparents and grandchildren, granddaughters), as well as along a horizontal line (full, half-sisters and brothers). Close kinship is based on the principle of common blood.

However, there are exceptions to this principle. So, despite the presence of consanguinity, great-grandmother, great-grandfather and great-grandson, great-granddaughter are not close relatives. Uncle, aunt and niece and nephew, cousin and cousin are not close relatives.

On the other hand, despite the lack of consanguinity, adoptive parents and adopted children are recognized as close relatives, the relationship between whom is identical to the relationship between children and parents.

As for the relationship between spouses, according to the principle of common blood, a husband and wife are not recognized as close relatives. The law calls such relationships a property. In-laws are also considered relatives from the spouse's side - mother-in-law and father-in-law, mother-in-law and father-in-law, son-in-law and daughter-in-law.

• common-law spouses;
• guardians, trustees and wards, wards;
• sister's husband, brother's wife.

Family members

The concept of family members is much broader. According to the Housing Law, a family is considered to be all persons living in the same residential premises, even not the closest relatives, for example, mother-in-law or father-in-law, mother-in-law or father-in-law, cousin or sister.

The concept of “close relatives” in the legislation of the Russian Federation

Constitution

Article 51 of the Constitution of the Russian Federation affirms one of the principles of criminal law - “no one can be obliged to testify against himself, against his spouse and close relatives” - while indicating that the circle of close relatives is determined by federal legislation. First of all, such a legislative act is the Family Code of the Russian Federation, as well as other legislative acts that we will consider below.

Family law

According to Article 14 of the RF IC, close relatives are...

• children and parents;
• grandfathers, grandmothers and grandchildren, granddaughters;
• sisters and brothers (full - having common parents, not full - having a common father or mother).

Administrative legislation

According to Article 25.6 of the Code of Administrative Offenses of the Russian Federation, close relatives include...

• children and parents;
• adopted children and adoptive parents;
• siblings;

Criminal procedural law

Article 5 of the Code of Criminal Procedure of the Russian Federation expands the circle of close relatives compared to the administrative law...

• husband and wife;
• children and parents;
• adopted children and adoptive parents;
• siblings;
• grandfathers, grandmothers and grandchildren, granddaughters.

According to the norms of the constitution and criminal procedural legislation, the listed persons have the right to refuse to testify in the investigative process and in court against close relatives.

Housing legislation

In housing legislation there is no concept of “close relatives” at all.

But according to Article 31 of the Housing Code of the Russian Federation, members of the homeowner’s family are husband and wife, children and parents. In addition, the owner has the right to move into the residential premises any person, even if he is not related to him by family ties. And this person will be recognized as a “family member”.

Tax law

Clause 18.1 of Article 217 of the Tax Code of the Russian Federation, speaking about close relatives, makes reference to the above-mentioned Article 14 of the RF IC. For them, tax legislation provides special privileges - income from transactions made between close relatives is not taxed. Also, tax is not paid on gifts and inheritances. Even the amount of the state fee that must be paid when entering into an inheritance depends on the degree of family ties. Close relatives pay only 0.3% (no more than 100 thousand rubles), the rest - 0.6% (no more than 1 million rubles).

Are they close relatives...

…husband and wife

The status of the spouses should be given special attention; according to family law (Article 14 of the RF IC), husband and wife are not close relatives, since they are not related by blood. But who then? According to Article 2 of the RF IC, husband and wife are family members.

However, marriage is a special type of relationship, secured by a special document (marriage certificate), a legal union that implies many privileges, including:

• Right of inheritance. In the absence of a will, the widow or widower is the first priority claimant to the inheritance along with the children and parents of the deceased, despite the lack of blood relationship;
• Joint marital property. Everything that is acquired by a husband or wife during their legal marriage belongs to them on equal rights, regardless of who acquired it and with what means. If necessary, joint property can be divided equally.

Adult citizens of different sexes can enter into marital relations, except in cases...

• one of them is legally married;
• presence of blood relationship (mother and son, father and daughter, grandfather and granddaughter, grandmother and grandson, brother and sister);
• the existence of a relationship between an adoptive parent and an adopted child;
• one of them has incapacitated status;

...ex-spouses

Former spouses, that is, husband and wife who have legally dissolved their marriage, lose all relations with each other. They are no longer family members and do not have the special privileges that the law grants to spouses.

…grandmother

The grandmother is a close relative for her grandson and granddaughter in accordance with Article 14 of the RF IC and other legislative acts.

…grandfather

A grandfather, like a grandmother, is a close relative to a grandson and granddaughter.

…grandson

A grandson and granddaughter are a close relative to the grandparents on the father's or mother's side.