Legal regulation of the recognition of marriages registered abroad by civil registry offices and notarial authorities

Abstract

The article justifies recognizing marriages registered abroad as a multi-level, institutionally differentiated process, rather than a one-time legal act. Although marriage is recognized under Russian law (Article 158 of the Family Code of the Russian Federation), its practical implementation depends on completing a series of procedural steps. Two scenarios for recognizing marriages with a foreign element are examined in detail: through civil registry offices and through notarial authorities. The study reveals that civil registry offices are primarily administrative and legal entities. They do not assess the material reality of marriage, but rather ensure the admission of foreign civil status records into the national document flow. The administrative rules applied by civil registry offices determine how marriage is actually enforced in everyday legal life. They act as a filter through which foreign marriages must pass to become legally «valid» in the national system. The author substantiates the infrastructural role of the notary, which involves establishing the evidential validity of foreign marriage documents for use in administrative and judicial proceedings. There is a fundamental difference between recognizing marriage as a legal fact and accepting a document that confirms this fact within the legal system of the Russian Federation.