Peculiarities of establishing the fact of recognition of paternity under the legislation of the Russian Federation

Abstract

The subject of the study is the norms of Russian family legislation regulating relations related to the procedure for establishing the fact of recognition of paternity. The object of this study is family and procedural relations arising in connection with the establishment of the fact of recognition of paternity. The concept of "illegitimate children" is one of the oldest in the history of law. His appearance is associated with the strengthening of the monogamous family. The universal principle of equality, declared for the first time in Soviet law, demanded the equalization of illegitimate children, including in rights with children born in marriage. However, until the very end of the action of the CPC of the RSFSR, such a fact as the recognition of paternity was absent from it. Since the procedural features of the proceedings to establish the fact of recognition of paternity could not be reflected in the IC of the Russian Federation – due to the material nature of the regulated relations, for the purpose of uniform application of civil procedure legislation regulating the procedure for considering cases of special proceedings, the fact of recognition of paternity was for the first time included in the list of facts of legal significance established by the CPC of the Russian Federation. Thus, the date of occurrence in the Russian civil procedure legislation of the institution of establishing the fact of recognition of paternity is (if we do not accept the judicial practice that created it) the date of entry into force of the Civil Procedure Code of the Russian Federation in 2002. In the course of the work, general scientific and special methods of cognition were used: comparative legal in the analysis of new and previously existing family legal norms, as well as the formal legal method. It cannot be said that the procedural rules for establishing paternity have not been the object of research in Russian jurisprudence. However, issues of non–search proceedings, issues of establishing the fact of recognition of paternity - attention in these studies has not been adequately paid, although procedural features and the presence of a considerable number of problematic aspects of the consideration of this category of cases are beyond doubt. So far, this institution has not been significantly demanded by judicial practice, but a special military operation implies an increase in its relevance, since in the absence of the serviceman himself, the court requires any evidence of the fact that he recognizes paternity in relation to the child. Currently, this status is particularly important for receiving social benefits that the State has guaranteed to members of military families.