On the issue of family partnership

Sapronova Tamara Petrovna

For the first time, the article examines in detail the decision of the European Court of Human Rights on the violation of the rights of applicants who are in a family partnership, the conclusion of the Constitutional Court of the Russian Federation on the obligation of the state to prevent arbitrary intrusion into the sphere of private life, to respect the differences associated with it, to take measures aimed at excluding possible infringements of the rights and legitimate interests of persons based on their sexual orientation. Along with this, the author examines the issues of actual marital relations, suggests the possibility of their consolidation in the legislation of the Russian Federation. According to the results of the study, the difficulty in making changes to the Family Code of the Russian Federation in terms of recognizing and securing the personal and property rights of persons who are in family relations in forms other than marriage is stated, a number of amendments to the current legislation (labor, criminal, criminal procedure) are proposed.

Keywords:The European Court of Human Rights, the Constitutional Court of the Russian Federation, respect for private and family life, the Family Code of the Russian Federation, marriage, de facto marital relations, cohabitation, registered partnership, protection of personal and property rights.