scholarly journals PROPERTY RELATIONS IN KYRGYZ FAMILY: LEGAL ASPECTS

THE BULLETIN ◽  
2020 ◽  
Vol 6 (388) ◽  
pp. 249-256
Author(s):  
Murzabekova Zh.T., ◽  
◽  
Nasbekova S.K., ◽  
Osmonalieva N.Zh., ◽  
◽  
...  
Keyword(s):  
Child Protection ◽  
Common Property ◽  
Family Members ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
Property Relations ◽  
The Family ◽  
Family Code

The article provides legal analysis of features of family property relations in the custom law of the Kyrgyz people and the legislation of the Kyrgyz Republic. Using analysis, synthesis, legal and historical law methods, the Matrimony and Family Code of the Kyrgyz SSR of 1969, the Family Code of the Kyrgyz Republic of 2003, the Code of Laws on Civil Status Acts, Matrimony, Family and Fiduciary Law of the RSFSR of 1918, The Code of Laws on Marriage, Family and Fiduciary of the RSFSR of 1926, The Ordinance of the President of the Kyrgyz Republic dated January 26, 2012 No. 17 “On declaring 2012 the Year of Family, Peace, Concordance and Mutual Forgiveness” and Family Support and Child Protection Program for 2018 - 2028 of Government of the Kyrgyz Republic were studied. The article analyzes relevant theoretical and practical issues related to common property of spouses, separate property of spouses, relations between parents and children for joint ownership and use of each other's property, alimony responsibility of family members and property relations of factual spouses. According to the author, legal norms regulating property relations in family are important when courts consider cases in sphere of protection of property rights of family members. In particular, the authors came to the conclusion in the Kyrgyz Republic the legal regulation of property relations in family is basis for resolving contentious issues in the family law.

scholarly journals Problems of Interpretation of Paragraph 2 of Article 35 of the Family Code of the Russian Federation in Russian Legal Science and Jurisprudence

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 9-19
Author(s):  
A. A. Dobrovinskiy
Keyword(s):  
Russian Federation ◽  
Common Property ◽  
Legal Regulation ◽  
Property Relations ◽  
The Supreme Court ◽  
The Family ◽  
The Russian Federation ◽  
The Common ◽  
Relationship Of ◽  
Family Code

The paper analyzes the issues of interpretation and application of the presumption of spousal consent in transactions involving the common property of spouses. Presumption of spousal consent to carry out transactions with common property is considered in the context of its correlation with the principle of equality of spouses, including property relations. The paper deals with the jurisprudence on this issue, including the decisions of the Supreme Court of the Russian Federation. The author has determined practical problems in the field of application of this rule of law. The author comes to the conclusion that the legal regulation of the legal regime of property of spouses, in force at present, has a number of shortcomings that not only violate the rights of co-owners of the specified property, but also, in our view, are often contrary to the law. In particular, the current jurisprudence with regard to paragraph 1 of section 2 of Article 35 of the RF Family Code contradicts both the constitutional rule enshrined in Article 35 of the Constitution of the Russian Federation providing for the protection of the interests of the owner and the norms of the Family Code of the Russian Federation establishing the principle of equality of spouses in property relations (Articles 21, 31, 35). The paper gives reasonable proposals to improve the legislation. To this end, the author suggests the following wording for Paragraph 1 of Section 2 of Article 35 of the Family Code of the Russian Federation: “When one of the spouses carries out a transaction in the administration of the common property of the spouses, it is assumed that one spouse acts with the consent of the other spouse. This assumption applies exclusively to the legal relationship of spouses with third parties.”

scholarly journals ON PROPERTY AS AN OBJECT OF THE COMMON PROPERTY RIGHT OF THE SPOUSES IN THE CONTEXT OF THE DRAFT FEDERAL LAW № 835938-7

2021 ◽  
pp. 36-43
Author(s):  
Ольга Юрьевна Косова
Keyword(s):  
Russian Federation ◽  
Common Property ◽  
Property Right ◽  
Federal Law ◽  
Property Relations ◽  
The Family ◽  
The Russian Federation ◽  
The Common ◽  
Family Code

В статье анализируются положения законопроекта, вносящего изменения и дополнения в ст. 34, 39 Семейного кодекса Российской Федерации, дается их оценка, высказываются предложения по редактированию. Обращается внимание на использование в законопроекте отдельных базовых для регулирования имущественных отношений собственности терминов, например, «имущество», «раздел общего имущества супругов». Обосновывается вывод, что общие долги супругов не могут входить в состав их общего имущества. The article analyzes the provisions of the bill introducing amendments and additions to Articles 34, 39 of the Family Code of the Russian Federation, gives their assessment, makes suggestions for editing. Attention is drawn to the use in the draft law of certain basic terms for regulating property relations of ownership, for example, «property», «division of the common property of spouses». The conclusion is substantiated that the common debts of spouses cannot be part of their common property.

scholarly journals Tendencies of the Contractual Regulation of Family Property Relations between Spouses with due regard to the Development of Legislation and Judicial Practice

Lex Russica ◽  
2021 ◽  
pp. 63-73
Author(s):  
S. Yu. Chashkova
Keyword(s):  
Law Enforcement ◽  
Common Property ◽  
Family Law ◽  
Legal Regulation ◽  
Property Relations ◽  
Positive Law ◽  
Judicial Practice ◽  
The Family ◽  
Contractual Relations ◽  
Law Regulation

The author makes an attempt to determine tendencies for the development of the legal regulation of property relations between spouses based on the approved amendments and expected changes in the legal regulation, established jurisprudence and with due regard to the goals of family law regulation and models of contractual regulation of property relations between spouses enshrined in positive law. The paper considers in detail the following trends: enforcement and development of provisions concerning contractual regulation of property relations between spouses and their common property, law enforcement and development provisions concerning contractual regulation of the property relations between spouses for the provision of mutual maintenance.The author comes to the following conclusions. Firstly, the family law regulation of contractual relations concerning the common property of spouses and law enforcement as a whole comply with the goals of the family law regulation. Secondly, civil law regulation and law enforcement in terms of contractual property relations between spouses strengthen the "pro-creditor" approach and limit contractual freedom of spouses. Thirdly, the prospects for regulating the legal and contractual regime (with the stronger "pro-creditor" approach) may result in changes in the systemic interpretation and law enforcement of provisions concerning the contractual regulation of spousal property and they can contradict the goals of family law. Fourthly, the regulation of contractual relations between spouses concerning maintenance shows sufficient stability and general conformity with the goals of family law regulation, but does not exclude the search for options to expand its limits through the rules of the Family Code of the Russian Federation, while the practice of applying these provisions indicates a "pro-creditor" approach and non-compliance with the goals of family law regulation.

THEORETICAL AND LEGAL ANALYSIS OF DETERMINING THE VOLUME OF INHERITANCE PROPERTY OF SPOUSES AND PERSONS LEGALLY EQUALIZED TO SPOUSES

2018 ◽  
Author(s):  
Yuliya Sus ◽  
Keyword(s):  
Common Property ◽  
Legal Regulation ◽  
Legal Analysis ◽  
State Register ◽  
Academic Paper ◽  
The Family ◽  
Major Stage ◽  
Marriage Contract ◽  
The Moment

The academic paper provides a theoretical and legal analysis of the amount of inherited property of spouses and persons legally equated to spouses. The research is based on an analysis of the inheritance rights of subjects: persons who have registered a marriage in accordance with the procedure established by law and persons legally equated to spouses.It has been established that the determination of the volume of inherited property is the first and major stage in the process of opening an inheritance by a notary.It has been determined that the amount of inherited property of the spouses includes equal shares, however, the shares of each spouse may differ according to the circumstances as follows: the acquisition of property during the regime of separate residence of the spouses, conclusion of a marriage contract, a contract on the division of the spouses’ property, an inheritance agreement. It has been proved that the regime of separate residence of spouses creates problems in determining the amount of inherited property of spouses in terms of establishing the moment of termination of such a regime and measuring the share of common property that they have acquired after its termination. The features of the marriage contract in terms of assigning the spouses’ property rights have been established.It has been revealed that the disadvantage of a marriage contract is the absence of a requirement for its registration in the State Register of Rights to Immovable Property after notarization. It has been found that the agreement on the division of the spouses’ property somewhat complicates the determination of the volume of the spouses’ inherited property, forasmuch as after its conclusion, further acquisition of property into ownership is possible, which will not be defined in the contract; and, therefore, it may acquire a different legal regime than the property specified in the contract. It has been established that the conclusion of an inheritance agreement excludes the inclusion of the property determined by it in the hereditary estate, and the transfer of property under an inheritance agreement is not a type of inheritance.It has been proven that persons living in de facto marital relations are only partially equated to spouses in inheritance rights. The grounds for the emergence of actual marriage relations have been highlighted. It has been proposed to make alterations to the family legislation of Ukraine, which would improve the legal regulation of the amount of inherited property of spouses and persons legally equated to spouses.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

Telemedicine in the EAEU countries: reality and prospects

2020 ◽  
pp. 49-69
Author(s):  
I. M. Akulin ◽  
◽  
E. A. Chesnokova ◽  
R. A. Presnyakov ◽  
A. D. Letova ◽  
...  
Keyword(s):  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
National Regulation ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union ◽  
The Republic ◽  
Development Prospects

This article is devoted to a comprehensive analysis of telemedicine in the countries of the Eurasian Economic Union: its legal regulation, methods of implementation and development prospects. The authors pay attention not only to a comparative legal analysis of telemedicine regulation in the EAEU countries, but also to determining the possibility of creating a general agreement on telemedicine between the Russian Federation, the Republic of Belarus, the Republic of Armenia, the Republic of Kazakhstan and the Kyrgyz Republic. Identifying gaps in the national regulation of telemedicine in these countries, the authors point out the aspects in which it is necessary to harmonize the regulatory framework for telemedicine consulting, and also provide for those provisions that must be necessarily disclosed in the agreement on telemedicine within the EAEU.

scholarly journals INDIVIDUAL LEGAL ACTS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION ON FAMILY DISPUTES CONCERNING PROPERTY

Lex Russica ◽  
2020 ◽  
pp. 19-27
Author(s):  
O. N. Nizamieva
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Family Law ◽  
Legal Regulation ◽  
Legal Norms ◽  
Property Relations ◽  
The Supreme Court ◽  
The Family ◽  
Lower Courts ◽  
The Russian Federation

The article has analyzed the jurisprudence of the Supreme Court of the Russian Federation on family disputes that involve property issues, revealed features of implementation of functions of the highest court in this field. First, it is stated that the Supreme Court of the Russian Federation reviews decisions of lower courts mainly in cases where the application of family law rules is contradictory and unsettled. It is necessary to fill in a gap in family law, to resolve conflicts between certain legal norms, to choose between several possible interpretations of the law. Second, the judicial panels of the Supreme Court of the Russian Federation, making a determination on a particular case, clarify the meaning of legal norms, and sometimes under the guise of interpretation in fact correct ill-considered or outdated norms of family law. Third, the High Court reviews cases where there is a typical and widespread error in the application of a very clear and defined rule. Fourth, in individual legal acts it is possible to observe the concretization or change of the previously designated legal stances while maintaining the legislative rules in the same form. Using certain examples of cases considered by the Supreme Court of the Russian Federation on family disputes concerning property, the paper has demonstrated the mechanism of possible transformation of abstract, non-personified and doctrinally oriented provisions contained in the definitions of judicial boards of the Supreme Court to general legal regulators. The author has determined certain problems of legal regulation of property relations in the family that have not been settled by the Supreme Court of the Russian Federation.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

scholarly journals Specifics of Legal Regulation of Property Relations of Minor Family Members

2021 ◽  
Vol 2021 (2) ◽  
pp. 165-173
Author(s):  
Svetlana Voronina
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Property Relations ◽  
Parents And Children ◽  
The Family ◽  
Organizational Relations ◽  
Private And Public

he present research considered the property rights of minors by comparing civil and family legislation. The article covers various matters of separate ownership of parents and children, property management, and the behavior of parents, as well as sectoral and inter-sectoral legal relations as a whole based on family relations. The research was based on normative legal acts, scientific publications, and precedents. Family law regulates the property relations between parents and children regarding the maintenance and personal belongings. Any other property rights of minors fixed by the Family Code go beyond the limits of family law and are part of civil law. The basis of civil property relations of minors is the family relations. Therefore, they have to take into account social and legal relations between parents and children. A prerequisite for the emergence and implementation of property relations is the organizational relations that arise between the subjects of private and public law. Authorization by the guardianship authority ensures the protection of the property rights and interests of children. The regulation of property relations involving minors and their legal representatives is subject to inter-sectoral and inter-subject interaction, which must be taken into account when implementing the rights of minors and protecting them.

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