In ordinary everyday life, we do not think about deciphering such concepts as close relatives, family members, relatives. Most often for us, these are all those who are near, whom we love, with whom we communicate every day and support each other. Sometimes even a person who is not related by blood can be included in the circle of close relatives. This could be a colleague, school friend, etc. Not to mention the husband, sister, aunt, uncle’s wife, brother, nephew…
But life is not easy, especially in our time. The legislative framework specifically prescribes the procedure for determining the closest relatives of a person.
Let’s look at the main situations when you need to know who is a close relative in accordance with the letter of the law. Dividing an inheritance without a written will, receiving financial assistance at work in connection with the death of a relative, the need to pay tax on donations, confirmation of nationality. Sometimes situations arise when, on the contrary, it is necessary to confirm that there is no relationship between people — for marriage, for employment in law enforcement agencies, etc.
Who are close relatives?
The concepts of close kinship and the concept of family members are treated rather vaguely in our laws. Moreover, the family code, housing and tax law each have their own point of view on this matter. Although the main regulatory legal act that defines the concept of close relatives by law is the Family Code .
Housing law excludes the concept of next of kin from the terminology. The term family member is more common here. Moreover, this law determines that not only a blood relative can be a family member.
Who are considered close relatives:
- sisters (including half-blooded ones).
The Family Code does not list spouses as close relatives. There is already a family law connection. But criminal laws, on the contrary, attribute the spouse not only to family members, but also to close relatives.
In addition to all of the above, finding out who the closest relatives are is often resorted to in order to fully comply with labor laws. Here, the restrictions are quite strict, especially with regard to certain types of services and positions. The work of close relatives can both help you by giving a green light to your future life, and become a stop line not only for promotion, but also, in principle, for employment in the desired place. For example, the TKRF categorically prohibits close relatives from working in municipal institutions if they, at least indirectly, are subordinate to each other. Another limitation on work is that if you have convicts in your immediate family, then you will not pass a security check in any serious institution, including non-state ones. First of all, these are state law enforcement agencies and institutions of the banking system.
In life, sometimes situations arise when you know your relatives in words, but you can’t document it. That is, practically, who belongs to the closest relatives, you understand, but in fact you have no evidence.
Definition of kinship:
- We collect documents confirming kinship and its degree to any extent. For all questions in the registry office. If they didn’t help, then go to the court at the place of residence.
- DNA examination. Modern science makes it possible to determine not only paternity, but also brotherly / sisterly relations, grandparents, grandchildren / granddaughters, including cousins and second cousins.