The family in the modern sense of the word is a product of a long historical development of relationships, which are based on marriage. This community of people, which the law unites in the concept of "family", is based on it or on consanguinity. In addition, family members are linked by personal and property rights and obligations. They are united by a moral and material community, expressed in mutual support, raising children, and maintaining a common household.
Family as a legal term
Unfortunately, there is no general definition of this concept, and in different legislative acts one can find different formulations that describe the circle of people who belong to the family members of a particular citizen. In accordance with them, the content of the concept of "family" also changes, it depends on the goals of legal regulation, therefore, in each legal case, it is filled with different legal content.
In the Code of Criminal Procedure, clause 4, article 5, family members are considered by law to be a spouse, parents, children, adoptive parents and adopted children, siblings, grandfathers, grandmothers and grandchildren. In housing legislation, the composition of family members may vary slightly depending on whether the family lives in an apartment that is owned or rented under a social tenancy agreement.
Family and its members in housing legislation
The interest in the concept of “family member” is caused by the norm of housing legislation, which provides the owner of a residential premises with the opportunity to deprive a former member of his family of the right to use this premises. In this case, Article 31 of the Housing Code includes the spouse, his children and parents living with him as members of the owner's family. The owner can move into his apartment other relatives or disabled persons who are dependent on him, as well as other citizens as members of his family.
If the apartment is in the use of a family under a social tenancy agreement, all its members who are permanently registered in the apartment have equal rights with the tenant of this dwelling. With their consent, the tenant, as members of his family, may grant other persons the right to permanently register in this apartment. In exceptional cases, they can be recognized by family members even in court.
It turns out that, in fact, any person can be recognized as a member of the family of the owner or tenant of a dwelling, even one who is neither married nor blood related. Automatically, this person, introduced as a family member, acquires the right to use the living quarters belonging to the owner, and the right to permanent registration at the place of residence. The ambiguity and ambiguity of the wording defining the composition of the family and membership in it requires further revision of the housing legislation. In any case, it is accepted in legal practice that the children and parents of the owner or tenant of a dwelling under no circumstances can be recognized as “former family members”.
