Legal Studies - rubric Семейное право
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MAIN PAGE > Journal "Legal Studies" > Rubric "Семейное право "
Семейное право
Usacheva E.A. - Historical development of a permissive method of alimony relations regulation in Russia pp. 13-42


Abstract: The author analyzes the provisions of Russian laws and normative acts for the period from the 11th till the 20th centuries establishing the possibility of treaties between the interested parties about the maintenance, regulating the form of such treaties and a degree of freedom of their participants. Special attention is paid to the development of judicial practice of the Russian Empire and its assessment criteria for the treaties about maintenance granting concerning their compliance with the recipient’s interests. The author studies the influence of socio-economic and political conditions on the realization of a permissive method of alimony relations regulation. The study is based on the dialectical method of cognition. The author uses the historical method and the special methods of cognition: technical and legal, formal-legal and the method of interpretation of legal norms. The author concludes that in Russia the institution of treaties about alimony payment as an independent and rigorous way of alimony responsibility regulation has formed only in the late 20th century. In pre-revolutionary legislation a treaty on maintenance granting didn’t have any special legal regime and was basically a type of a gift contract. In the result of the analysis of historical experience the author reveals the preconditions for an adequate functioning of alimony treaties institution. 
Gromozdina M.V. - Legal peculiarities of division of property of spouses through judicial proceedings pp. 14-23


Abstract: The research subject is legal peculiarities of the process of dissolution of marriage and division of property of spouses, which are still urgent at the present time. The author analyzes the examples of judicial practice in disputes between spouses over division of property, complicated by investment contracts, credit obligations, etc. Besides, the author studies disputable situations the legal regime of division of property can’t be applied to. Problems, connected with the application of clause 4 article 39 of the Family Code of the Russian Federation about the recognition of belongings as the property of each of the spouses, very often become the subject of scientific discussions and legal proceedings. That’s why the author assesses the present situation in this sphere. The paper also considers the problem of possibility to settle the dispute out of court at the stage of enforcement proceedings and the problem of court approval of a settlement agreement. The author notes that the judicial practice still contains few examples of application of clause 2 article 39 of the Family Code of the Russian Federation about derogation from the principle of equality of shares of spouses in their common property in favour of the interests of children and (or) sound interest of one of the spouses. The author uses general scientific method of dialectic cognition and specific scientific methods: system, structural-functional, formal-legal, analysis and synthesis. The research demonstrates that judicial practice in division of property of spouses is ambiguous; courts have different approaches to using particular provisions of family, civil and procedural legislation. In the author’s opinion, it hampers the unification of legal proceedings on dissolution of marriage and division of property. Based on the results of the study, the author concludes about the necessity to amend the Family Code of the Russian Federation with compulsory pretrial procedure of settlement of disputes over division of common property of spouses. 
Purge A.R. - Adjudication of disputes between parents about the abiding place of an underage child pp. 27-37


Abstract: The research subject is the set of provisions of Russian family legislation regulating the procedure of defining the abiding place of an underage child of the parents living apart, and the law enforcement practice of courts of general jurisdiction in the consideration and adjudication of such disputes. The research object includes family and adjective relations between the parents of an underage child arising during the consideration and adjudication of disputes about defining the abiding place of an underage child. The author applies general and special scientific methods. To analyze the new and the old family law rules, the author uses the comparative-legal and the formal-legal methods. The article studies the practice of application of legal norms in the adjudication of disputes about the abiding place of a child. The variety of factors causing the family crisis and, subsequently, the disputes between parents about the abiding place of a child, testify to a necessity to use the existing potential of measures, aimed at the protection of rights and lawful interests of the participants of family relations, and to form new mechanisms of family, maternity, paternity and childhood support. The author’s analysis helps reveal the existing shortcomings in this sphere of family relations and the possible ways of their overcoming. The author concludes that one of the problems of defining the abiding place of a child with one of the parents is the enforcement of court decision. Court decisions on such cases are often not observed by the parties, and it causes new family rights cases. 
Reznik E.S. - From the Project to the Implementation: Waiver of the Exclusive Surrogate Miother Right pp. 36-48


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. 
Mantulina O.O. - Responsibilities of adult children to support their parents in Russia and abroad pp. 51-65


Abstract: The article discusses the responsibilities of adult children to support their parents in Russia and abroad. The author considers family law on these matters of different legal families: Romano-Germanic, Anglo-Saxon and Muslim. The author studies general aspects of alimony support of parents by their children, and the characteristic features of various states on this issue. In particular, the article considers the conditions of alimony provision; the ways of alimony rate establishing; the subjects of this legal relationship and other questions.The paper uses the traditional legal research methods. The main research method is the comparative legal method.The author draws attention to the significant differences between American law which imposes almost no responsibilities on adult children to support their parents and other legal families where such an obligation exists. The author concludes that the common condition for the responsibility of children to support their parents (for all the states where such a norm exists) is the parents' need for the material means. 
Starodubtseva V. - Maternity leaves and child benefits in Russia and Switzerland: comparative-legal study pp. 51-60


Abstract: The object of the research covers the legal norms regulating the granting of maternity leaves and child benefits in Switzerland and in Russia. The author analyzes the Russian and foreign resources and touches upon the issues of insurance contributions payment, compares the range of persons who can apply for leaves and benefits, the conditions of granting, the rules of calculation of their amount, the possibility to combine a maternity leave with a paid activity, in order to reveal the positive aspects of legal regulation in both countries. When conducting a comparative analysis of the Swiss and Russian legislation of social welfare, the author applies the comparative-legal method. In the result of this analysis the author finds many positive aspects of the Russian legislation regulating the granting of maternity leaves and child benefits to mothers and other persons responsible for child care. The author emphasizes a stricter approach of the Swiss legislation to the regulation of this sphere and the bigger sums of child benefits in this country. 
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