FAMILY MAINTENANCE OBLIGATIONS IN FAMILY RELATIONS

2020 ◽  
Vol 10 (4) ◽  
pp. 118-123
Author(s):  
ALLA SEREBRYAKOVA ◽  
Keyword(s):  
Russian Federation ◽  
Family Relations ◽  
Legal Regulation ◽  
Social Consequences ◽  
Practical Significance ◽  
Theoretical Understanding ◽  
Material Content ◽  
The Family ◽  
The Russian Federation ◽  
The Relationship

A task. The author of the article set himself the task of answering the question - what is meant by obligations for material security in family relations. Model. To solve this problem, it is necessary to investigate the issues of legal regulation of material content obligations under the family legislation of the Russian Federation and alimony relations, identify the features of legal regulation of material content relations, propose a model for building material content relations between their various participants and understand the relationship between material content obligations and alimentation obligations. Conclusion. A distinction should be made between material support in the family and alimony. They treat each other as general and private. According to the author, there is a contradiction between the rule established by law that certain categories of persons are liable for material maintenance and the assumption of execution under duress of the same obligation, which must be fulfilled voluntarily. Practical significance. The author of the article believes that the conclusions formulated in the submitted article will be useful for a theoretical understanding of legal relations of alimony, an understanding of the relationship between obligations for material maintenance under family law of the Russian Federation and alimony. Social consequences. the theoretical model proposed by the author of the study as the basis for the possible legislative consolidation and subsequent practice of applying material content, including alimentation, between participants in family relations in conjunction with other measures taken in this direction [6] will allow over time to solve the systemic problem of alimony payments. Originality, value. A correct legal understanding of the legal situation, which causes practical difficulties, will strengthen the rule of law and encourage necessary legislative changes to ensure the most effective regulation of family and alimony relations.

scholarly journals To the question on the need for expansion of administrative legal regulation of family relations

2020 ◽  
pp. 1-9
Author(s):  
Anna Rolandovna Purge
Keyword(s):  
Domestic Violence ◽  
Russian Federation ◽  
Family Relations ◽  
Legal Regulation ◽  
Practical Implementation ◽  
Federal Law ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
Legal Methodology

The object of this research is the questions of ensuring protection of persons from domestic violence in the Russian Federation. The subject of this research is the administrative legal relations associated with legislative establishment and practical implementation of the necessary means for prevention domestic violence. The author explores a number of other relevant steps towards expansion of administrative legal regulation in the Russian family relations, which pursue the goal of establishing administrative legal guarantees in the Russian Federation from unjustified intrusion into the family’s affairs. The application of formal-legal methodology based on the analysis of legal categories and constructs allowed determining the role and significance of administrative legal means for prevention of domestic violence proposed in legislative projects. The importance and novelty of the conducted research consists in comprehensive assessment of the provisions of the Federal Law Project “On Prevention of Domestic Violence in the Russian Federation” and introduced recommendations on its improvement. The relevance is defined by the fact that the problem of “domestic violence” has not previously been an object of due attention on behalf of the government.

scholarly journals On Imperfection of Family Laws of the Russian Federation

2020 ◽  
Vol 12 ◽  
pp. 10-16
Author(s):  
Irina S. Merzlyakova ◽  
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Legal Norms ◽  
The Family ◽  
Family Practices ◽  
Life Itself ◽  
The Russian Federation

The article is devoted to the substantiation of the need to improve the family legislation of the Russian Federation due to the lack of legal norms that clearly regulate modern forms and problems of marriage and family practices, as well as due to the contradictions existing in Russian family law. Life dynamics, a variety of life realities, value transformations are not “covered” by the current legal field: many conflict and controversial situations of modern marriage and family relations remain outside the legal regulation. This fact indicates the lag of law from life itself.

scholarly journals Prenuptial agreementin the law of the People’s Republic of China and the Russian Federation

2021 ◽  
pp. 9-14
Author(s):  
V. V. Dolinskaya
Keyword(s):  
Russian Federation ◽  
Family Relations ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Family ◽  
Marriage Contract ◽  
The Russian Federation ◽  
The Law

The family legislation of China and Russia is analyzed. The main characteristics and specifi cs of the marriage contract are revealed. Further ways of development of legal regulation of the considered group of family relations are offered.

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.

Conflict of laws regulation of the international family relations in the Russian Federation (legislation and jurisprudence)

2021 ◽  
pp. 127
Author(s):  
Irina Get’man-Pavlova
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Family Relations ◽  
Private International Law ◽  
Legal Doctrine ◽  
Marriage And Family ◽  
Conflict Of Laws ◽  
The Family ◽  
The Russian Federation ◽  
The Law

Russian conflict of laws rules that determine the choice of law applicable to marriage and family relations associated with foreign law and order came into force in 1995 and have been in effect for more than 25 years. Despite the fact that this problem has been studied in great detail in the Russian legal doctrine, the relevance of the analysis of conflict of laws rules set forth in the Family Code of the Russian Federation is by no means exhausted due to the large-scale reform of the rules of Private International Law in the Civil Code of the Russian Federation and the current legislative regulation of international family relations in other States. The article concludes that conflict of laws regulation of the international family relations in the Russian Federation adopted more than 25 years ago needs serious modernization. It is reasonable to carry out the corresponding updating in the following directions: maximum specification of the content of conflict of laws rules for the purpose of more differentiated regulation of the family relations; establishment of a complex and detailed system of the connecting factors aimed at correct determination of the law the most closely connected with the relation and decision-making; the expansion of possibility of choice of the applicable law to divorce and property relations; application of the law the most favorable for a child should become a dominating connecting factor.

scholarly journals Regional features of legislative framework for environmental security of the Russian Federation

2019 ◽  
Vol 110 ◽  
pp. 02067 ◽  
Author(s):  
Elena Voskresenskaya ◽  
Lybov Vorona-Slivinskaya ◽  
Dmitry Mokhorov ◽  
Alexander Tebryaev
Keyword(s):  
Russian Federation ◽  
Scientific Research ◽  
Environmental Security ◽  
Environmental Crisis ◽  
Practical Significance ◽  
Theoretical Understanding ◽  
Natural Systems ◽  
Fundamental Causes ◽  
Legislative Framework ◽  
The Russian Federation

The article addresses the problem of the current environmental crisis, which threatens the sustainable development of human civilization. As a result of further degradation of natural systems, the biosphere gets destabilized and loses its integrity, the large areas get devastated, and the quality of the environment necessary for life becomes unstable. The crisis can be overcome only by building a relationship of the human and the nature which does not leave room for destruction and degradation of the natural environment. Thus, scientific research, analysis and search for solutions to legal problems of ensuring environmental security in the regions of the Russian Federation acquire special relevance and practical significance and are the objectives of this work. Without theoretical understanding and scientific research of the elements of this system and, first of all, the regional system of legislative framework for environmental security and its features in the field of governance, it is impossible to achieve the necessary interaction of federal and regional systems and to solve the problem, since there remain fundamental causes and sources that generate the whole range of threats to ecological security.

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.

SUSPENSION OF CERTAIN PROVISIONS OF THE BUDGET CODE OF THE RUSSIAN FEDERATION AS A TOOL OF PUBLIC FINANCE MANAGEMENT: A THEORETICAL ANALYSIS

2018 ◽  
pp. 61-67
Author(s):  
Anna Vladimirovna Savina
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
Theoretical Evaluation ◽  
Theoretical Understanding ◽  
Finance Management ◽  
Tax Legislation ◽  
The Russian Federation ◽  
Budget System

The questions of application of measures of the state influence on processes of formation of the income of the budgets connected with need of expansion of legal terms in separate powers of the Russian Federation, subjects of the Russian Federation and municipalities are considered. The concept of budget income is analyzed, attention is paid to the theoretical understanding of regulatory income. Comprehend the process of suspending certain provisions of the budget legislation, given a theoretical evaluation of the legal terms in the aspect of budgetary-legal regulation. Illustrates the direction of income growth associated with changes in budget and tax legislation, as well as not related to its changes. Attention is paid to the principle of balance of budgets of the budget system of the Russian Federation, the observance of which is able to ensure the effectiveness of the formation, distribution and use of budgetary funds. The main aspirations of the state to balance the budgets of all levels of the budget system to create a mechanism to improve the efficiency of the budget system are considered. It is stated that the achievement of this goal is directly related to the change in the federal law “on the suspension of certain provisions of the budget code of the Russian Federation” legal terms through the adoption of legal acts at the federal level, the level of the subject of the Russian Federation and the municipality.

scholarly journals THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE DEVELOPMENT OF LEGISLATION ON MASS MEDIA

2020 ◽  
Vol 36 (4) ◽  
pp. 59-62
Author(s):  
D. Sh. Pirbudagova ◽  
◽  
A.M. Omarova ◽  
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Constitutional Court ◽  
The Status ◽  
The Russian Federation ◽  
Media Society ◽  
The Relationship

The article examines the legal positions of the constitutional control bodies regarding the legislative regulation of the status of mass media. The authors note that the Constitutional Court of the Russian Federation has made decisions on the issues of financing, ownership and legal regulation of mass media, the relationship between the mass media, society and the state, the content of the constitutional prohibition of censorship and its correlation with restrictions on freedom of mass media, etc. Conclusions are drawn about the conceptual nature of the decisions of the constitutional Court of the Russian Federation aimed at clarifying the constitutional and legal status of mass media and contributing to filling legal gaps in this area

scholarly journals Transformation in industrial specialisation and features of economic development across the subjects of the Russian Federation

2020 ◽  
Vol 21 (1) ◽  
pp. 72-88 ◽  
Author(s):  
Valentina Antonyuk ◽  
Elmira Vansovich ◽  
Anastasiya Lapo
Keyword(s):  
Economic Development ◽  
Russian Federation ◽  
Economic Activity ◽  
Practical Significance ◽  
Theoretical Concepts ◽  
Modern Development ◽  
The Russian Federation ◽  
Combination Of Methods ◽  
And Cluster Analysis ◽  
The Relationship

Crisis phenomena in Russia stimulate interest in researching the influence of regions’ industrial specialisation on the rates and trajectories of their economic development. The paper aims to examine the transformation of industrial specialisation across the Russian regions and correlate it with their economic development. The methodological basis of the study rests on the theoretical concepts of regional and spatial economics, systems analysis, and strategic management. The authors monitor the changes in the industrial specialisation across the subjects of the Russian Federation in 2008–2016, as well as the dynamics of their economic development by using a combination of methods: dialectical, causal, comparative, structural and cluster analysis. The paper identifies the strategic challenges and priority areas for the modern development of the regions of the Russian Federation. Based on the analysis of the economy of 61 subjects of the Russian Federation, the authors draw conclusions on the transformation of regional industrial specialisation in a specific type of economic activity; on the relationship between economic development and the nature of specialisation (mono-specialisation, multi-specialisation); on the dynamics of developed regions among the groups of mono-specialised and multi-specialised ones. The study detects the types of economic activity, which affect economic development the most. The analysis of the dynamics of industrial specialisation results in the conclusion that there are regions with stable and unstable specialisation. The article proposes promising directions of the state structural policy for different types of regions. The theoretical and practical significance of the study lies in the fact that the developed method allows not only evaluating the transformations in the industrial specialisation of the regions, but also correlating them with the economic development of the subjects of the Russian Federation.

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