Degrees of relationship. Family relationships in tables and diagrams

2024 Author: Priscilla Miln | [email protected]. Last modified: 2023-12-16 00:21

The legislation of the Russian Federation does not define the specific concept of direct and close relatives. Each area of law fully gives a list of persons belonging to a particular degree of kinship, and on the basis of this imposes rights and obligations on them. In the article, we will consider the degree of relationship by law.

What's in the documents?

The degree of relationship is mainly regulated by the Family and Civil Code. According to the law, proximity is determined by the number of generations between relatives. For example, between mother and child there is 1 degree of kinship, and between grandmother and granddaughter - the second. This is explained by the fact that in the first version, family members are separated by one birth, and in the second - already two.

Why is this important? For example, because the degree of kinship in the inheritance of movable and immovable property determines the order in which the entry into rights is carried out. First of all, they are close relatives. A legal husband or wife has similar rights and obligations. A complete list of next of kin is specified in family law, these are: parents, children (includingadopted), grandparents, grandchildren, brothers and sisters. Moreover, if we are talking about the latter, it does not matter how many joint parents they have. In the case of one common parent, they are consolidated. If children have a common mother and father, they are considered consanguineous.

The Family Code details the degrees of family kinship. They are determined by the generations of family members, lined up according to a time criterion. So, it can be an ascending line from children to grandparents, descending in the opposite direction, as well as a side line.

Direct relatives

These categories include:

• parents;
• children;
• grandparents;
• brothers and sisters and stepbrothers.

To put it simply, the direct line of kinship is based on the birth of one person from another. At the same time, the members of the last group are divided as follows:

• full sisters and brothers (first degree of relationship) with common parents;
• consolidated uterine, that is, united by consanguinity only through the mother's side;
• consolidated consanguineous means paternal relatives.

Regardless of whether both parents are relatives or only one, children have equal legal rights and obligations with respect to them and other family members.

How significant the concept of direct relatives is of interest to so many people. Let's consider in more detail. On the basis of the legislative framework, a close degree of kinship (family ties in the tables are presented in the article) gives citizens many privileges. Atdetermining its degree, citizens often refer to Article 14 of the Family Code, but it only regulates the possibility of marriage between certain categories of people. First of all, these are persons between whom there is a consanguinity.

According to article 2 of the Family Code, spouses are family members, but not relatives, but in other areas of legal law this concept is interpreted quite differently. So, in housing legislation it is not only husband and wife. This is also father-in-law with mother-in-law or father-in-law with mother-in-law. In the Criminal Code, even cousins and sisters are considered direct relatives. In tax legislation, these include children, parents and spouses. Before giving a definite answer, it is necessary to find out for which area of legal law the degree of kinship is being determined (kinship relationships in the tables can be seen below).

Lateral relationship

The lateral line is united by a common ancestor, from which several individuals descend. For example, a mother has two half-children. Each of them has their own offspring, who are cousins. The degree of relationship here is lateral blood. Uncles and aunts, nephews belong to the same type.

Legal relationship

Legislation defines special family ties in the legal system and establishes a number of restrictions or indulgences. Each code in its own way characterizes the degree of kinship in the family. In practice, it looks like this. If the UK calls one group of people relatives andaccording to its definition, shares the degree of kinship, then for the Criminal Code this is a completely different category of persons.

In legal institutions, this term often appears in civil, criminal, family and tax codes. At the same time, the law does not provide for an unambiguous list of close and distant relatives.

In each individual case, kinship, from a legal point of view, has its own specific meaning. For example, when inheriting property, mandatory applicants are taken into account first of all, and when dividing the property of spouses, minor children are also considered. In criminal law, even close relatives have the right to refuse to testify against each other.

Husband and wife in tax law

The Family and Tax Code do not classify spouses as close relatives, which is quite logical, since they are not related by blood, which is the main criterion for establishing the degree of relationship in marriage. Therefore, husband and wife are related persons and members of the family, just like children and parents. Consequently, when concluding transactions, they bear similar rights and obligations that close relatives are endowed with.

Another nuance to consider. The tax code does not recognize the relationship as related, despite the cohabitation and management of a common household by people who have not officially registered their relationship. They are also not considered family members.

If we talk about former spouses who have formalized a divorce, the situation is considered in each individual case. For example, if a husband gave his wife an expensive gift and they divorce in the same year, the ex-spouse does not have to pay tax. In turn, the woman must provide proof that she was legally married when she received the gift. If the gift was given after the dissolution of the marriage, it is taxed, like any other presented by an outsider.

Close relatives in NK

This term in the tax legislation is considered from the point of view of various transactions, exemption from tax duties and fees. Article 217 of the Tax Code states that any gifts received from close relatives are not taxed. They also do not appear on income tax returns.

When donating real estate by close relatives, both parties are exempt from paying a one-time tax. This is reasonable, since the giver does not receive any benefit, just as the recipient does not pay a gift fee. Moreover, if a transaction for the purchase and sale of real estate is made between close relatives, the buyer can receive a tax deduction for the property. The seller, in turn, must submit a personal income tax return to the tax authorities.

Spouses who are not considered close relatives are equated to those in cases of giving expensive gifts to each other.

Blood relation

This concept is of interest to many people in the process of occurrence of certain life situations. The closest blood relatives are parents and children born from them. Common mother and fatherdetermine the degree of relationship (family relations in the tables can be seen in the article) between brothers and sisters. They are not only considered the closest, but also have equal rights and obligations in relation to their parents, have similar character traits, and sometimes even appearance.

Blood relationship can be lateral, ascending or descending. But there is one caveat. The determining factor here is the presence of a common family member, from which people descended, whose relationship is considered to be consanguineous. This needs to be considered.

Own relations

In the legislation, in addition to consanguinity, there is another type of relationship. This is your own relationship. They are the only kind of kinship that is based not on a blood connection, but on the fact of marriage. Let's explain in more detail.

People who officially register relationships become close relatives. In this case, the following situation arises. Family members on both sides can be referred to as distant relatives according to their own relations. The basis for this in a particular case is a marriage certificate. At the same time, only spouses bear obligations towards each other.

Simply put, a husband is legally not supposed to take care of his mother-in-law, just like a wife is supposed to take care of her mother-in-law. In the event of a divorce, the spouses lose their relationship. The only obligations that unite former spouses relate to the upbringing and material support of children, if any.

Spiritual relationship

Thisthe term implies the unification of people after the procedure of baptism. And they don't have to be members of the same family. At the same time, the child acquires godparents. In turn, they become a godfather and a godfather for their parents. However, according to the law, spiritual kinship has no legal force, and people are not considered relatives. They also have no obligations towards each other.

Close people

This concept is rather relative. They are called relatives, friends or lovers. There is another term in the Tax Code - "interdependent people". These are people who share a special relationship. They can influence the performance of certain transactions, actions, performance in the field of taxable activities. The list of interdependent people includes: spouses, relatives, guardians and trustees, wards and wards, employees, employers.

How to write a relationship form?

When getting a job, applying for a loan, entering the service and in a number of other cases, people fill out questionnaires indicating family members, and the degree of relationship may also be needed (kinship ties in the tables are presented in the article). Correct spelling requires:

1. Determine the proximity of kinship.
2. Indicate the status of a relative, such as ex-wife, widower, etc.
3. Indicate personal data, namely surname and initials, place of residence, position, etc. on request.

Formulation of kinship required official: mother, father, cousinbrother, etc. All data must be current at the time of submission of the questionnaire. If they changed, for example, the surname, then it is desirable to note this. All dates, place of birth and residence are indicated based on passport data. If the person filling out the questionnaire does not have information about a relative, the following wording should be written: “I have no information about such and such.”

Do not be negligent about filling in the next of kin column. As a rule, it is carefully checked by the higher authorities and the management of the organization and may affect the decision regarding the person submitting the questionnaire.