Problems of legal regulation of a marriage agreement in the Russian Federation

2022 ◽  
pp. 73-78
Author(s):  
E. V. Voskresenskaya ◽  
N. N. Zhil’skiy ◽  
M. V. Kolmogorov 
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Positive Trend ◽  
Unresolved Issue ◽  
Marriage Contracts ◽  
Legal Nature ◽  
The Family ◽  
Marriage Contract ◽  
The Russian Federation ◽  
Family Code

This article is devoted to the application of the marriage contract by persons entering or already married. The authors define the relevance of concluding marriage contracts and emphasize the positive trend of their application in Russia. As a rule, the question of the division of property is the most difficult and problematic both in theory and in practice. In scientific circles, there is a discussion about the legal nature of the marriage contract. The specifics of its conclusion and the scope of regulation of relations do not give an unambiguous answer about the branch affiliation of this legal institution. There are also a large number of gaps in the Family Code of the Russian Federation due to the lack of legislative consolidation of some aspects related to the contractual regime of spouses’ property. In addition, there is still an unresolved issue regarding the conditions and procedure for concluding a marriage contract by minor citizens entering into marriage. In the article, the authors come to the conclusion that the marriage contract as a legal phenomenon requires more legal regulation at the legislative level.

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.

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 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.”

RUSSIAN FEDERATION PUBLIC POLICY INTERESTS AND INTERNATIONAL ADOPTION

Lex Russica ◽  
2019 ◽  
pp. 56-69
Author(s):  
A. A. Shulakov
Keyword(s):  
Public Policy ◽  
Russian Federation ◽  
Intercountry Adoption ◽  
International Treaties ◽  
Interstate Cooperation ◽  
The Family ◽  
Mandatory Rules ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Family Code

The article is devoted to the protection of the Russian Federation public policy interests in the field of intercountry adoption. It is established that strengthening of such protection entails changes in the legislation. Such changes are connected either with the super-mandatory character of already existing statutory mandatory substantive rules or with the emergence of new super-mandatory rules. In the field of intercountry adoption in Russia, this process is particularly striking. The study highlights that the general equation contained in Art. 1192 “Rules of direct application” of the Civil Code of the Russian Federation establishes two ways that allow by analogy to determine the super-mandatory nature of certain mandatory substantive rules stated in the Family Code of the Russian Federation: “by reference in the mandatory rules themselves” (the over-mandatory character of the rule is expressly determined by the legislator) or “because of their particular importance also for the protection of rights and legally protected interests” (the over-mandatory character of the rule is determined by the executor of law). It is concluded that the emergence of constitutionally significant values/public interests in the content of the mandatory substantive rule (“protection of morals, health, rights and legitimate interests of other family members and other citizens”, etc.) forms a criterion that allows the executor of the law to determine such rules as rules of over-mandatory character. Based on the analysis of international treaties of the Russian Federation on interstate cooperation in the field of adoption of children, the article defines the fundamental principles that make up the structure of intercountry adoption in the Russian Federation. It is established that the additional conditions and requirements of the state of child’s origin are included in the regulation of intercountry adoption (provisions of articles 165, 124-133 of the Family Code of the Russian Federation; provisions of bilateral treaties between Russia and European countries where more than 85% of Russian children are adopted (France, Italy, Spain)) to protect the interests of the RF public policy.

Energy supply and energy efficiency: current issues of legal regulation

2020 ◽  
Author(s):  
Venera Shaydullina ◽  
Margarita Ruchkina ◽  
Natal'ya Zalyubovskaya ◽  
Aleksey Barkov ◽  
Lapina None ◽  
...  
Keyword(s):  
Energy Efficiency ◽  
Energy Conservation ◽  
Russian Federation ◽  
Energy Supply ◽  
Legal Regulation ◽  
Energy Sector ◽  
Energy Market ◽  
Legal Nature ◽  
The Russian Federation ◽  
Practical Recommendations

The monograph is devoted to the development of practical recommendations of an institutional and legal nature aimed at improving the energy efficiency of the energy sector of the economy in the conditions of digitalization and economic restrictions. It contains scientific and practical proposals aimed at developing the activities of economic entities of the Russian energy market, energy infrastructure, and focuses on the problems of the state of the Russian energy sector, strategic planning and legal regulation of activities aimed at energy conservation and energy efficiency in the Russian Federation. It is intended for teachers, students and anyone interested in energy supply and energy efficiency.

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

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 Smart Contract: The Concept, Legal Nature, Features of Conclusion and Execution

Legal Concept ◽  
2019 ◽  
pp. 54-60
Author(s):  
Nizami Safarli
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Smart Contracts ◽  
Advantages And Disadvantages ◽  
Blockchain Technology ◽  
Smart Contract ◽  
Legal Nature ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Statutory Regulation

Introduction: the paper is devoted to a new phenomenon in business activity in the conditions of IT development that contribute to the creation of secure contractual relations on the Internet on the basis of transactions executed through smart contracts. The author notes that the need for amendments that could fill the loopholes in the current legislation is obvious. And, first of all, it concerns Blockchain technology – the algorithm that mediates the safe development, conclusion and execution of smart contracts. Blockchain technology is considered in the paper as one of the safest means for concluding and executing smart contracts. The author argues that the study of the concept, legal nature and essence of smart contracts is relevant in the light of spreading their share in the total array of transactions in the world economy in conjunction with the changing domestic legislation governing the relevant sphere, as well as the international integration processes affecting the intensification of foreign economic activity of the Russian Federation. The smart contract concepts formulated by the Russian legislator in the process of upgrading the array of statutory regulation under conditions of economy digitalization are studied and compared. The features of conclusion and protection of the smart contract in the civil legislation of the Russian Federation are analyzed. In order to fully articulate the concept of the smart contract, reflecting its essence, functional purpose and legal nature, it is proposed to create a special law that would focus on the conclusion and implementation of “the smart contract” and the specification of the general norms of the civil code. At the same time, the norms of other special laws would supplement and correct the provisions fixed by this act depending on the sphere of managing and the legal regulation branch. The concept of the smart contract is formulated; its value for economic and contractual activity, and also the advantages and disadvantages of its application are established. The possible classifications of smart contracts are given.

scholarly journals Electronic Money: the Problem of Determining the Place in the System of Objects of Civil Rights

Legal Concept ◽  
2020 ◽  
pp. 110-115
Author(s):  
Ekaterina Vavilova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Electronic Money ◽  
Advanced Level ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation

Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.

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