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Provisions related to forced marriage in the Russian Federation 2020 Family Law, which addresses marriage concluded as a result of coercion, deception or delusion at Article 28.
Provisions requiring consent to marriage in the Russian federation are found in the family law 2020, section 12(1) of which states that for the conclusion of marriage, the mutual voluntary consent of the man and the woman entering into marriage, and their attainment of marriageable age are required.
There appears to be no legislation in the Russian Federation that prohibits servile matrimonial transactions.
There appears to be no legislation in the Russian Federation that prohibits marriage trafficking.
The minimum age for marriage in the Russian Federation is 18, without differentiation by gender, as set out on Article 13(1) of the 2020 Family Law. Where marriages are conducted involving a person below the minimum age, the marriage shall be declared invalid, as set out on Article 27 of the 2020 Family Law. However, marriages of below the minimum age are permitted for valid reasons and with the authorisation of the local government bodies at the place of residence, as set out on Article 13(2) of the 2020 Family Law. These exceptions are not differentiated by gender, and allow marriage as early as 16.
Eastern Europe
European Court of Human Rights
Civil
Article 17
1. In the Russian Federation human and civil rights and freedoms shall be recognized and guaranteed according to the universally recognized principles and norms of international law and this Constitution.
2. Basic human rights and freedoms shall be inalienable and shall be enjoyed by everyone from birth.
3. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other people.
Article 21
1. Human dignity shall be protected by the State. Nothing may serve as a basis for its derogation.
2. Nobody should be subjected to torture, violence, or other severe or humiliating treatment or punishment. Nobody may be subjected to medical, scientific or other experiments without voluntary consent.
Article 22
1. Everyone shall have the right to freedom and personal inviolability.
2. Arrest, detention and keeping in custody shall be permissible only under a court order. A person may not be detained for more than 48 hours without a court order.
Article 37
1. Labour shall be free. Everyone shall have the right freely to use his (her) labour skills and to choose the type of activity and occupation.
2. Compulsory labour shall be forbidden.
3. Everyone shall have the right to work in conditions, which meet safety and hygiene requirements, and to receive remuneration for labour without any discrimination whatsoever and not below the minimum wage established by federal law, as well as the right of protection against unemployment.
4. The right of individual and collective labour disputes with the use of the methods for their resolution, which are provided for by federal law, including the right to strike, shall be recognized.
5. Everyone shall have the right to rest. For those working under labour contracts the duration of work time, days of rest and public holidays and annual paid leave established by federal law shall be guaranteed.Russia Constitution
Article 127. Illegal Deprivation of Liberty
1. Illegal deprivation of a person’s liberty, which is not related to his abduction, shall be punishable by restraint of liberty for a term of up to two years, or by compulsory labour for a term of up to two years, or by arrest for a term of from three to six months, or deprivation of liberty for a term of up to two years.
2. The same deed committed:
a) by a group of persons by previous concert;
b) abolished
c) with the use of violence with danger to human life and health;
d) with the use of weapons or objects used as weapons;
e) against an obvious juvenile;
f) against a woman who is in a state of pregnancy, which is evident to the culprit;
g) against two or more persons,
shall be punishable by compulsory labour for a term of up to five years or by deprivation
of liberty for a term of three to five years.
3. Deeds provided for by the fist or second parts of this Article, if they have been committed by an organised group or have entailed by negligence the death of the victim, or any other grave consequences,Shall be punishable by deprivation of liberty for a term of from four to eight years.
Article 127(1) Trafficking in persons
1. The purchase-and-sale of a human being, other transactions with respect to a person, as well as the recruiting, carriage, transfer, concealment or receiving performed for the purpose of his or her exploitation –
shall be punishable by compulsory labour for a term of up to five years or by deprivation of liberty for a term of up to six years.
2. The same deeds committed:
a) in respect of two or more persons;
b) in respect of a minor;
c) by a person through his official position;
d) moving the victim across the State Border of the Russian Federation or illegally keeping him abroad;
e) using forged documents, as well as seizing, concealing or destroying the documents;
f) with application of force or with the threat of applying it;
g) for the purpose of cutting out the victim’s organs and tissues;
h) with respect to a person who is, knowingly for the guilty person, in a helpless state or is materially or otherwise dependent on the guilty person;
i) with respect to a woman who, knowingly for the guilty person, is in the state of pregnancy, –
shall be punishable by deprivation of liberty for a term of three to ten years with deprivation of the right to hold definite offices or to engage in definite activities for a term of up to fifteen years or without such and with restriction of liberty for a term of up to two years or without such.
3. The deeds provided for by Parts One and Two of this Article:
a) which have entailed the victim’s death by negligence, the infliction of major damage to the victim’s health or other grave consequences;
b) committed in a way posing a danger to the life or health of many people;
c) committed by an organised group –
Shall be punishable by deprivation of liberty for a term of from eight to 15 years with restriction of liberty for a term of up to two years or without such.
Note. 1. A person who has committed for the first time the deeds provided for by Part One or Item “a” of Part Two of this Article, has voluntarily released the victim and has contributed to solving the crime shall be released from criminal liability if there are no other formal components of a crime in his acts.
2. The exploitation of a person shall mean in this Article the use of the engagement in prostitution by other persons and other forms of sexual exploitation, slave labour (services), subjection.
Article 127(2) Use of Slave Labour
1. The use of the labor of any person over whom power similar to the right of ownership is exercised, if such person, for reasons beyond his control, is unable to refuse to perform such labor or services-
shall be punishable by a term of imprisonment of up to 5 years.
2. The same act:
(a) committed with regard to two or more persons;
(b) committed with regard to a person known to be a minor;
(c) committed by a person through his official position;
(d) committed through blackmail, force, or threat of force;
(f) committed through the use of false documents, or by the seizure, concealment, or destruction of the victim’s identity documents;
shall be punishable by a term of imprisonment of 3 to 10 years.
3. Acts specified in Parts One or Two of this Article which result in death through negligence, or severe damage to the health of the victim, or any other grave consequences; or committed by an organized group, shall be punishable by a term of imprisonment of 8 to 15 years.
Article 143. Violation of Labour Protection Rules
1. Violation of safety rules or any other labour protection rules, committed by a person who has the duty of observing these rules, if this entailed by negligence the infliction of grave injury to the victim,
shall be punishable with a fine in an amount of 100 thousand roubles to 300 thousand roubles or in the amount of a wage/salary or other income of the convicted person for a term of one year to two years, or by compulsory labour for a term of up to four years, or by deprivation of freedom for the same term.
2. The same act entailing, by negligence, the death of a person,
shall be punishable with a fine in an amount of up to 200 thousand roubles, or in the amount of a wage/salary, or any other income of the convicted person for a period of up to eighteen months, or by obligatory labour for a term of up to four hundred and eighty hours, or by corrective labour for a term of up to two years, or by compulsory works for a term of up to one year, or by deprivation of liberty for the same term.
Article 145(1). Non-payment of Salaries, Wages, Pensions, Stipends, Benefits and Other Payments
1. A partial non-payment within more than three months of salaries, wages, pensions, stipends, benefits and other payments established by law which is committed by the head of an organisation or by an employer being a natural person, by the head of a branch, representative office or other separate structural unit of an organisation owing to a mercenary or other personal interest –
shall be punishable by a fine in an amount of up to one hundred and twenty thousand roubles or in the amount of the salary or wages or other income of the convicted person for a period of up to one year, or by deprivation of the right to occupy certain posts or to be engaged in a certain activity for a period of up to one year, or by compulsory labour for a term of up to two years, or by deprivation of freedom for a term of up to one year.
2. A full non-payment within more than two months of salaries, wages, pensions, stipends, benefits and other payments established by law, or payment of salaries or wages within over two months in the amount which is below the minimum labour wage owing to mercenary or other personal interest by the head of an organization, by the employer who is a natural person, by the head of a branch, representative office or other separate structural unit of an organisation –
shall be punishable by a fine in an amount of one hundred thousand to five hundred thousand roubles or in the amount of the salary or wages or other income of the convicted person for a period of up to three years, or by compulsory labour for a term of up to three years with deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years or without such, or by deprivation of liberty for a term of up to three years with deprivation of the right to occupy certain posts or to be engaged in a certain activity for a period of up to three years or without such.
3. The deeds provided for by Parts One or Two of this article, if they have entailed grave consequences –
shall be punishable by a fine in the amount of two hundred thousand to five hundred thousand roubles or in the amount of salaries or wages or other income of the convicted persons for a period of one year to three years or by deprivation of liberty for a term of two to five years with deprivation of the right to occupy certain posts or to be engaged in a certain activity for a term up to five years or without such.
Note. A partial non-payment of salaries, wages, pensions, stipends, benefits and other payments established by law means in this article their payment in the amount of less than half the sum to be paid.
Article 154. Illegal Adoption
Illegal adoption of children, placement of them under guardianship, transfer of them for upbringing to foster families, committed repeatedly or out of mercenary motives,
Shall be punishable with a fine in an amount of up to 40 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to 360 hours, or by corrective labour for a term of up to one year, or by arrest for a term of up to six months.
Article 240. Inducing to Prostitution
1. Inducing to prostitution or forcing to continue prostitution –
Shall be punishable with a fine in an amount of up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to 18 months, or by restriction of liberty for a term of up to three years, or by compulsory labour for a term of up to three years, or by deprivation of liberty for the same term.
2. The same deed committed:
a) with the application of violence or with the threat of its application;
b) with a victim’s movement across the State Border of the Russian Federation or with the illegal detention thereof abroad;
c) by a group of persons by previous concert –
Shall be punishable by deprivation of liberty for a term of up to six years with restriction of liberty for a term of up to two years or without such.
3. The deeds provided by Parts One and Two of this Article which are committed by an organised group or in respect of a minor –
Shall be punishable by deprivation of liberty for a term of three to eight years with or without deprivation of the right to hold definite offices or to engage in definite activities for a term of up to fifteen years and with restriction of liberty for a term of up to two years or without such.
Article 241. Organization of Prostitution
1. Deeds aimed at organisation of prostitution, as well as at the maintenance of hangouts for prostitution or the systematic provision of premises for prostitution –
shall be punishable by a fine in the amount of 100 thousand to 500 thousand roubles, or in the amount of a wage/salary or other income of the convicted person for a period of one year to three years, or by compulsory labour for a term of up to five years, or by deprivation of liberty for the same term.
2. The same deeds committed:
a) by a person through his official position;
b) with the application of violence or with the threat of applying it;
c) with the involvement of minors in prostitution –
Shall be punishable by deprivation of liberty for a term of up to six years with or without deprivation of the right to hold definite offices or to engage in definite activities for a term of up to ten years and with restriction of liberty for a term of up to two years or without such.
3. The deeds provided for by Parts One and Two of this Article which are committed with the involvement in prostitution of persons who are to be under 14 years old –
Shall be punishable by deprivation of liberty for a term of three to 10 years with or without deprivation of the right to hold definite offices or to engage in definite activities for a term of up to fifteen years and with restriction of liberty for a term of from one year to two years or without such.Russia Criminal Code
Article 4. Prohibition of forced labor
Forced labor shall be prohibited.
The forced labor shall be performance of work under duress by menaces of applying some penalty (violent act), including:
• in order to maintain labor discipline;
• as a retributive step for participating in a strike;
• as a means of mobilizing and using labor force for the purpose of economic development;
• as a penalty for holding or expressing the political beliefs contrary to the established political, social or economic system;
• as a discriminatory measure on the grounds of race, social, national or religious status.
The forced labor shall include:
• disregard of set dates for payment of wages as well as their incomplete payment;
• the employer requiring the employee to perform his/her work duties when the employee is not provided with group or individual protection means or the work is hazardous to the employee’s life or health.
For the purpose of this Code the forced labor shall not include:
• the work whose performance is required by the law on military duty and military service or the alternative civil service in lieu of it;
• the work performed in the conditions of an emergency situation, in other words, in cases of the declared state of emergency or martial law, of a disaster or a threat of disaster (fires, floods, hunger, earthquakes, intense epidemics or epizootics) as well as in other situations threatening life or normal living conditions of the whole population or its part;
• the work performed pursuant to the final court verdict under supervision of the official state bodies responsible for enforcing laws at serving sentences.Russia Labour Code
Article 127(1) Trafficking in persons
shall be punishable by compulsory labour for a term of up to five years or by deprivation of liberty for a term of up to six years.
shall be punishable by deprivation of liberty for a term of three to ten years with deprivation of the right to hold definite offices or to engage in definite activities for a term of up to fifteen years or without such and with restriction of liberty for a term of up to two years or without such.
Shall be punishable by deprivation of liberty for a term of from eight to 15 years with restriction of liberty for a term of up to two years or without such.
Note. 1. A person who has committed for the first time the deeds provided for by Part One or Item “a” of Part Two of this Article, has voluntarily released the victim and has contributed to solving the crime shall be released from criminal liability if there are no other formal components of a crime in his acts.
Article 127(2) Use of Slave Labour
shall be punishable by a term of imprisonment of up to 5 years.
(a) committed with regard to two or more persons;
(b) committed with regard to a person known to be a minor;
(c) committed by a person through his official position;
(d) committed through blackmail, force, or threat of force;
(f) committed through the use of false documents, or by the seizure, concealment, or destruction of the victim’s identity documents;
shall be punishable by a term of imprisonment of 3 to 10 years.
Article 9. Application of the limitation period in family relations
Article 11. Procedure for the conclusion of marriage
1. The conclusion of a marriage is carried out in the personal presence of the persons entering into marriage, after a month and no later than twelve months from the date of filing an application with the civil registry office on the date and at the time determined by the persons entering into marriage, when they submit an application on the conclusion of marriage. (As amended by Federal Lawdated 03.08.2018 No. 319-FZ )
If there are valid reasons, the civil registry office at the place of state registration of marriage may authorize the conclusion of marriage before the expiration of a month from the date of submission of the application for the conclusion of marriage. (As amended by Federal Lawdated 03.08.2018 No. 319-FZ )
In the presence of special circumstances (pregnancy, childbirth, an immediate threat to the life of one of the parties and other special circumstances), the marriage can be concluded on the day the application is submitted.
Article 12. Conditions for contracting a marriage
1. For the conclusion of marriage, the mutual voluntary consent of the man and the woman entering into marriage, and their attainment of marriageable age are required.
Article 13. Age of marriage
1. The age of marriage is set at eighteen years.
The procedure and conditions under which marriage as an exception, taking into account special circumstances, may be permitted before reaching the age of sixteen, may be established by the laws of the constituent entities of the Russian Federation.
Article 27. Invalidation of marriage
1. A marriage shall be declared invalid if the conditions established by Articles 12-14 and paragraph 3 of Article 15 of this Code are violated, as well as in the case of a fictitious marriage, that is, if the spouses or one of them registered the marriage without the intention to start a family.
Article 28. Persons who have the right to demand that a marriage be declared invalid
1. To demand that a marriage be declared invalid:
a minor spouse, his parents (persons replacing them), the guardianship and trusteeship body or the prosecutor, if the marriage is concluded with a person who has not reached marriageable age, in the absence of permission to enter into marriage before this person reaches marriageable age (Article 13 of this Code). After the minor spouse reaches the age of eighteen, only this spouse has the right to demand that the marriage be declared invalid;
a spouse whose rights have been violated by the conclusion of marriage, as well as a prosecutor, if the marriage was concluded in the absence of the voluntary consent of one of the spouses to its conclusion: as a result of coercion, deception, delusion or the impossibility, due to their state at the time of state registration of marriage, to understand the meaning of their actions and lead them;
a spouse who did not know about the existence of circumstances preventing the conclusion of a marriage, a guardian of a spouse who was declared incompetent, a spouse for a previous unbroken marriage, other persons whose rights were violated by the conclusion of a marriage in violation of the requirements of Article 14 of this Code, as well as a guardianship and trusteeship body and a prosecutor ;
a prosecutor, as well as a spouse who did not know about the fictitious marriage in the event of a fictitious marriage;
the spouse whose rights have been violated, in the presence of the circumstances specified in paragraph 3 of Article 15 of this Code.
Article 29. Circumstances eliminating the invalidity of marriage
1. The court may recognize the marriage as valid if, by the time of the consideration of the case on recognizing the marriage as invalid, the circumstances that, by virtue of the law, prevented its conclusion, had disappeared.