DOI: 10.25136/2409-7136.2018.12.27300

Abstract: The subject of this research is the legal provisions that regulate relations arising in the process of resolving the issue about the transfer of a child by a surrogate mother to genetic parents as well as Clause 31 of the Resolution of the Plenum of the Russian Federation Supreme Court of May 16, 2017 On Implementation of Laws By Courts Viewing Trials on Origin of Children. In his research Reznik raises questions about the absence of appropriate legal regulation of relations in the sphere of surrogate mothership, changes in the approaches of courts to the resolution of disputes when a surrogate mother refuses to transfer a child to genetic parents, and the need to take into account terms and conditions of a dispute in each particular case. The author also compares the draft and the current Resolution of the Plenum which is, in fact, aimed at waiving the exclusive right of a surrogate mother to make a decision about the transfer of a child. In the course of the research the author has applied the following research methods: analysis and synthesis, formal law, comparative law and hermeneutical methods. As a result of the research, the author emphasizes the need in fast and full solutions of the problems that may arise in the process of surrogate mothership including changes in the legal provision about the exclusive right of a surrogate mother at the legislative level. Reznik underlines that the situation when courts issue decisions which in fact violate the legal provisions, for the sake of the balance of interests between the parties, society and government, is unacceptable. The novelty of the research is caused by the fact that the author  analyzes changes in the approaches to the problem of ensuring the balance of interests when a surrogate mother transfers a child to genetic parents, provides arguments for these changes, and makes conclusions based upon them. 

DOI: 10.7256/2454-0706.2018.9.43181

Abstract: The subject of this research is the legal norms that regulate the relations on rendering free (subsidized) legal aid. The article examines the development and current state of legislation that regulates relations on rendering free legal aid in the Russian Federation and its constituents (excluding the criminal cases). The author also covers the separate issues emerging upon the implementation of legislation in the area of rendering free legal aid, and substantiates the proposal on improving legislation. A conclusion is mage on inexpediency of improving legislation towards adopting the new, distinct in content in the various subjects of the Russian Federation, statutory acts that establish and expand the list of persons qualifying for legal aid and cases where it has been rendered. Great importance is placed on the legislative changes reflecting the right of each citizen, regardless the place of residence or other circumstances, to receive the “essential” legal aid in any legal cases pro bono. Accent is also made on the relevance of formation of the system of interaction of participants, primarily the state system of free legal aid, which would render the quality free legal aid. The scientific novelty lies in consideration of the terms of rendering and quality criteria of free legal aid.