THE FAMILY: CRITERIA FOR DETERMINING PRESENCE AND COMPOSITION

Legal activity is impossible without defining the most important concepts, disclosing the content of legal categories. And since a considerable part of notarial practice is aimed at regulating the relations of subjects included in the family, then, of course, it is extremely important to know what these subjects are, why certain persons can be considered family members, what rights and obligations each of them, in accordance with their own family and legal status, should have, and in general - what a family is. In this regard, the goal was set - to reflect family and legal ties and formulate a definition of the concept of “family”. Based on the opinion of pre-revolutionary and modern scientists, analysis of legislation, three factors for establishing the presence of a family were identified; a list of family and legal goals is proposed, according to the author, reflecting modern trends in the development of the Russian legal system; various options for the formation of family and legal ties between family members are considered in detail; the content of such elements that are important for establishing the fact of the existence of a family, such as close kinship, relatively close kinship, indirect family-legal ties, residual family-legal status, and an adult child, is disclosed; the concept of “family” is defined and the main types of family are identified - parental, personal (complete and incomplete), and guardianship (custodial) family.