scholarly journals Evolution of Legislation on Liability for Failure to the Obligation to Provide Support in Family Law of Ukraine

2020 ◽  
pp. 169-181
Author(s):  
Anatolii BURIACHENKO
Keyword(s):  
Parental Support ◽  
Family Law ◽  
Family Members ◽  
Legal Regulation ◽  
Russian Empire ◽  
Civil Code ◽  
Soviet Period ◽  
Scientific Article ◽  
Parents And Children ◽  
The Russian Empire

In the scientific article the author investigates the historical aspects of the evolution of legislation that operated in the Ukrainian lands on liability for failure to the obligation to provide support for family members, including spouses, parents, and children. In particular, it has been analyzed the content of the basic acts of family law operated in the period from Kievan Rus to independent Ukraine, such as ‘Russkaya Pravda’(‘Russian Truth’), Lithuanian Statutes of 1529, 1566, 1588, the draft codification of family law ‘Rights under which the Maloros People Are Judged’ , Code of Laws of the Russian Empire, the Galician Civil Code, the Austrian Civil Code, the first decrees of the Council of People’s Commissars of the Ukrainian SSR regulating family legal relationships, as well as the Codes of 1919, 1926, 1969 and 2002 (taking into account the changes made in 2017-2018). Based on the analysis, the author determined that the issue of liability for obligation to provide support in Ukraine received proper legal regulation only with the adoption of the current Family Code of Ukraine in 2002. The first monuments of Ukrainian law, such as ‘Russkaya Pravda’(‘Russian Truth’) and Lithuanian Statutes, unfortunately did not contain rules regulating alimony relationships between spouses, parents and children, as well as other family members. The following acts of Family Law that were in force in the Ukrainian lands defined the alimony obligations of spouses, parents and children, but did not provide for liability for their violation. The exceptions were the norms of the Galician Civil Code, which provided for the liability of the father for the non-recognition of his illegitimate child and the non-payment of amounts on the child’s support in two-, three- four times the size of amount, as well as the rules of criminal legislation of the Russian Empire and the Soviet period for determining the liability for malicious evasion of alimony payments. Unfortunately, the existing regulatory framework regulates in detail only the issue of liability for the non-fulfillment of parental support obligations in relation to children. Failure to perform other alimony duties, unfortunately, did not receive such a reaction from the state (the only exception is the malicious evasion of payment established by court decision for the maintenance of disabled parents, which is a crime).

scholarly journals Differentiation of the Legal Regulation of the Loan Treaty by Prerevolutionary and Soviet Legislation

2019 ◽  
Vol 9 (1) ◽  
pp. 5086-5089
Keyword(s):  
Practical Interest ◽  
Legal Regulation ◽  
Russian Empire ◽  
Civil Code ◽  
Roman Law ◽  
Soviet Period ◽  
Legal Tradition ◽  
Modern Development ◽  
Fourth Volume ◽  
The Russian Empire

XOne of the trends in the modern development of legal thought in Russia should be called an appeal to the experience of past generations. A loan agreement is one of the oldest institutions known as far as Roman law [1, 18]. A detailed regulation of legal regulation in the Russian Empire was obtained by the loan agreement in the book of the fourth volume X of part 1 of the Code of laws of the Russian Empire (hereinafter - the Code of Laws). The rules contained in the said act were valid until the October Revolution of 1917. At the end of the XIX beginning of the XX centuries. The highest established Drafting Commission developed the Civil Code Draft (hereinafter - the draft GU), the fifth chapter of the second volume of the second book of which was devoted to the regulation of the loan agreement (Articles 348-363). In the Soviet period, for the first time, a loan agreement was regulated by the Civil Code of the RSFSR of 1922 (hereinafter - the Civil Code of the RSFSR) in chapter VI “Loan”. It is of great theoretical and practical interest to compare the rules for regulating a loan agreement in the pre-revolutionary and Soviet periods for several reasons. Firstly, “Russian private law is at the stage of its reform” [2, 126]. Secondly, the text of the 2009 Concept states that the historical development of Russian law and the legal systems of continental law (Roman law) should be taken into account. In the article, the authors study the historical legal tradition of a loan obligation.

scholarly journals The Evolution of the Legal Regulation of the Separate Living of Spouses under Family Law on Ukrainian Lands

2020 ◽  
pp. 200-206
Author(s):  
Oleh OKSANIUK
Keyword(s):  
Catholic Church ◽  
Family Law ◽  
Roman Catholic ◽  
Legal Regulation ◽  
Civil Code ◽  
Roman Catholic Church ◽  
Scientific Article ◽  
Legal Regime ◽  
Current Form ◽  
Judicial Procedure

The scientific article investigates the historical aspects of the evolution of legislation on the issues of legal regulation of the separate living of spouses that acted in the Ukrainian lands. In particular, on the basis of a study of the main acts of family law that operated in the Ukrainian lands, the author came to the conclusion that in Ukraine for a long time the legal regime of separate living of spouses existed as an alternative to the termination of marriage in accordance with the canonical norms of the Roman Catholic Church, which did not allow the termination of marriage for any reason other than the death of one of the spouses. This legal institute (called ‘weaning from the table and the lodge’) was introduced in 1563 and generally preserved in Ukraine until 1917 for the spouses of Roman Catholic creed. For the first time at the level of secular family legislation, which operated in the Ukrainian lands, the regulation of the institution of marriage separation was carried out by the Galician Civil Code of 1797. The mentioned legal regime was also mentioned by the Austrian Civil Code and the Code of Laws of the Russian Empire, the drafts of the Collection of the Little Russian Rights and the Code of Local Laws of the Western Provinces, but also in the aspect of ‘weaving from the table and lodge’ of Roman Catholic couples. At the same time, the acts of family law of Austria-Hungary provided for a judicial procedure for establishing the regime of separate living of spouses. In its current form, this legal regime was introduced in 1914 for spouses in cases where cohabitation is intolerable due to ill-treatment, abuse, dishonest behaviour, contagious or mental illness. Subsequently, the 1917 marriage decree and the 1919, 1926, and 1969 family codes, adopted during the Ukrainian SSR, did not contain rules on the separation of spouses when regulating divorce. On the other hand, the fact of spousal living was taken into account by the courts during the separation of their property. Subsequently, the institution of marriage separation was returned to the Family law of Ukraine only after the adoption of the current Family Code of Ukraine.

scholarly journals Personal Freedom in Estonian Marriage Law between 1918 and 1940

2020 ◽  
Vol 29 ◽  
pp. 3-11
Author(s):  
Katrin Kiirend-Pruuli
Keyword(s):  
Family Law ◽  
Russian Empire ◽  
Civil Code ◽  
Law Reform ◽  
Personal Freedom ◽  
The Family ◽  
Marital Property ◽  
Female Lawyers ◽  
The Russian Empire ◽  
Property Regime

Although Estonia started to develop its own legal system after gaining independence in 1918, many of the old laws from the Russian Empire remained in force in the interim. Soon, Estonia started to develop its own civil code. The old Baltic Private Law Code was highly patriarchal, and various aspects of family law reform were extensively discussed throughout the 1920s and 1930s. While the need for reform was widely accepted, opinions as to its extent varied considerably: female lawyers, inspired by Scandinavian laws, fought for the greatest possible degree of freedom and equality between spouses, while conservative politicians preferred more moderate changes. The article examines two main questions connected with the developments of those times – how much freedom the state gave to spouses for regulating their personal and proprietary relations and how much personal freedom the wife had in comparison to the husband. The norms regulating personal relations, the statutory matrimonial property regime, and the contract related to marital property are analysed in connection with efforts to identify the merits and reasonable limits of personal freedom in marriage. The family law in force in the 1920s and 1930s is compared with draft forms of the Estonian Civil Code, for uncovering how the compilers of the new version achieved balance between modern liberal ideas of personal freedom and traditional concerns about upholding stability of marriage.

scholarly journals Development of Legal Regulation of Actual Marriage Relations under Family Law Operated in Ukraine in the X–XXI centuries

2020 ◽  
pp. 190-199
Author(s):  
Valentyn LUCHKOVSKYI
Keyword(s):  
Legal Status ◽  
18Th Century ◽  
Family Law ◽  
Legal Regulation ◽  
Scientific Article ◽  
Marital Relations ◽  
Black Sea Region ◽  
Parents And Children ◽  
Short Period ◽  
Legal Consequences

The scientific article investigates the historical aspects of the development of legislation that operated on the Ukrainian lands regarding the legal regulation of actual marital relations. In particular, the author determined that in Ukraine the legal regulation of actual marital relations took place already during the existence of the Greek cities-states of the Northern Black Sea region according to the norms of Roman law (institute of concubinage). From the 9th to the 20th centuries Ukrainian lands were part of different states, i.e. Kievan Rus, Russian principalities, Kingdom of Rus, Grand Duchy of Lithuania, Kingdom of Poland, Polish-Lithuanian Commonwealth, Ukrainian Hetman state, Tsardom of Russia, Russian and Austro-Hungarian empires. Before 1917 attitude of the state in the issue of legal regulation of actual marriage relations and the legal consequences of actual marriage did not change significantly; such relations did not generate legal consequences of marriage. Legislation recognized exclusively church marriage as the sole basis for the emergence of the rights and obligations of spouses, parents and children. Only at the end of the 18th century the rights and obligations of children born in marriage and out of wedlock were partially equal as for the right to upbringing and support. Due to the changes in family law in 1917–1926 there was a replacement of church marriage into the marriage registered by the civil registration authorities as the sole basis for the emergence of the rights and obligations of the spouses. This replacement led to the partial recognition of actual marital relations (in part rights and obligations of the spouses) and the final separation of the legal status of parents and children from the presence of a registered marriage between the parents of the child (except for a short period from 1944 to 1969). Adoption of the current Family Code of Ukraine has led to the recognition of a number of legal consequences in the property and personal non-property sphere by virtue of actual marital relations, in particular as to the commonality of the property acquired in these relations, the possibility to regulate the legal regime of the property by contract, as well as the alimony and adoption rights.

scholarly journals The Formation and Development of the Legal Status of a Consumer of Paid Medical Services in the Russian Health Care System in the XVIII – Early XX Centuries

2020 ◽  
Vol 17 (3) ◽  
pp. 300-309
Author(s):  
Mariya Soboleva
Keyword(s):  
Health Care ◽  
Health Care System ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
Medical Services ◽  
Soviet Period ◽  
Care Organization ◽  
The Russian Empire ◽  
Care System

The socio-economic situation in Russia over the past decades has undergone serious changes that could not but affect the health system. There have been prerequisites for the development of private medicine, which has been supported by the state. Currently, there is an increase in the share of medical services provided on a paid basis. Widespread private practice, covering the chronological period of the Russian Empire, was interpreted by the authorities in the Soviet period as a relic of the capitalist system, contrary to the basic principles of proper health care organization. The Soviet period of Russian history appears to us as a chronological gap, that is, a time gap that characterizes the specifics of the linear existence of paid medical services. In this regard, it seems relevant and timely to conduct research on the historical aspects of the formation and development of the legal status of consumers of paid medical services in the Russian Empire. In our opinion, such research is of both theoretical and practical interest. The first is due to the lack of development of this topic in the historical and legal literature. The second one will allow us to identify existing shortcomings in legal regulation in the sphere of public health protection based on the generalization of historical experience and formulate practical recommendations for improving the legislation of the Russian Federation in this area. From the perspective of this work, we aim to assess the legal status of consumers of paid medical services in the XVIII – early XX century, comprehensively examining such elements of legal status as rights, freedoms, interests and duties. The article analyzes the influence of belonging of the inhabitants of the Empire to a particular social group on the formation of the legal status of consumers of paid medical services. For the first time, the main types of rights of consumers of paid medical services are separated from the regulatory legal acts in the field of healthcare of the Russian Empire and formed into a group. Based on the results of a detailed analysis, we conclude that in the Russian Empire, the duties of consumers of paid medical services took priority over the rights, since it was believed that if the obligations were met, the rights would exist regardless of their formal Declaration. The analysis helps to understand the development of regulation of health ser-vices and allows us to draw historical parallels with the existing regulatory framework of the health care system in Russia.

scholarly journals Contribution of soviet historians to the development of domestic people’s studies

2020 ◽  
pp. 109-114
Author(s):  
S. D. Baghdasaryan ◽  
T. A. Samsonenko
Keyword(s):  
Russian Empire ◽  
Soviet Period ◽  
Careful Study ◽  
Historical Science ◽  
Xviii Century ◽  
Domestic Science ◽  
Scientific Schools ◽  
The Russian Empire ◽  
Soviet Historiography ◽  
Scientific Achievements

The article is devoted to the contribution of Soviet domestic science to the study of the peasant class in the second half of the XVIII century. in the Russian Empire. The position of the peasantry in state policy is analyzed, and the scientific schools of the Soviet period specializing in the study of the system of serfdom are considered. The question is raised about the scientific achievements of Soviet historical science in the complex of using the existing approaches, scientific schools, and the system of knowledge about the development of the peasantry in the Russian Empire in the second half of the XVIII century. The study of social and economic processes of development of the peasant class during the evolution of feudal relations was the most popular topic of scientific research in Soviet historiography. The problems related to the condition of dependent peasants during the period of serfdom in tsarist Russia deserve careful study and continue to arouse interest in the works of Russian researchers.

scholarly journals The principle of self-determination in the family law through history and today

2004 ◽  
pp. 159-178
Author(s):  
Gordana Kovacek-Stanic
Keyword(s):  
Parental Care ◽  
Family Law ◽  
Family Relations ◽  
Historical Context ◽  
Civil Code ◽  
Self Determination ◽  
200Th Anniversary ◽  
Parents And Children ◽  
The Family ◽  
The Moment

In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.

Private initiative and professional communities as a factor of construction law formation in the Russian Empire

2019 ◽  
pp. 447-455
Author(s):  
Mustafa Ahmed Jasem Jasem
Keyword(s):  
City Planning ◽  
Professional Community ◽  
Russian Empire ◽  
Living Environment ◽  
The State ◽  
Soviet Period ◽  
Private Initiative ◽  
Draw Conclusion ◽  
The Russian Empire ◽  
Construction Law

This work is the first in a series of materials devoted to the forms of manifestation of private and public initiative in the construction law of Russia during the empire and the Soviet period. We center on the phenome-non of “private initiative” as a factor in city formation and construction law. The strength of this factor is illustrated by separate plots of the city-planning policy of the Russian Empire and local lore historical material. We actualize the problem of representation forms of private initiative and public inquiries. Factors of the construction law formation, besides objectively existing legis-lative activity of the state and the rule-making activities of local authorities, were the proposals of the professional community. We analyze the forms of such proposals (appeals) to the authorities in the context of the active formation of civic consciousness of the intellectual professional elite of Russia concerning city-planning activities and city-planning regulation. Private initiative is understood as a psychological, normative-generating base of social relations, which are the basis for the current complex of city-planning activity regulators. We draw conclusion about the representation of private public inquiries for a comfortable urban living environment in the form of proposals by the professional community to the state, which were formulated imperatively. We draw conclusion about the specific applied nature of legislative proposals in the field of city-planning regulation, which were generated by technical experts and territorial representatives.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

Codification of the Natural Resource Legislation in the Russian Empire

2018 ◽  
Vol 9 (1) ◽  
pp. 183
Author(s):  
Eleonora Sergeevna NAVASARDOVA ◽  
Roman Vladimirovich NUTRIKHIN ◽  
Tatyana Nikolaevna ZINOVYEVA ◽  
Vladimir Aleksandrovich SHISHKIN ◽  
Julia Valeryevna JOLUDEVA
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Mineral Resources ◽  
Legal Regulation ◽  
Russian Empire ◽  
Special Importance ◽  
Economic Activities ◽  
Legal Norms ◽  
The Russian Empire ◽  
Forest Legislation

The codification of the legislation on lands, forests, subsoil and other natural resources in the Russian Empire (1721-1917) is studied herein. Some sources of the systematization process in this field of legislation in the period, preceding the formation of the empire, from the time of the ʼCouncil Codeʼ to the reforms of Peter I (1649-1720) are revealed. Initially, the formation of the legal regulation in this field had the form of adoption of numerous separate legal acts. Such law-making methods were casual in nature and resulted in the emergence of internal contradictions in the legislation, which became too extensive and inconsistent. This was the strong reason for the urgent need for its systematization. The land law was most developed in Russia in the pre-imperial and imperial periods, which was due to the prevalence of agricultural production and the special importance of land relations. The land legislation was codified prior to other natural resource industries. The second most important in this area was the forest legislation. This was explained by the abundance of forests and their active use in economic activities, which required serious legal regulation. The importance of subsoil legislation had increased over time, due to increased exploitation of mineral resources. Later, water and faunal law began to develop actively and systematically. The milestone in the development of natural resource industries was M.M. Speransky's codification reform, the main result of which was the appearance of the ʼCode of Laws of the Russian Empireʼ. The separate codes included in it were specifically devoted to land, forest and mineral relations. First of all, they were the ʼCode of Survey Lawsʼ (vol. X), the ʼCode of Institutions and Forest Chartersʼ (vol. VIII) and the ʼCode of Institutions and Mineral Chartersʼ (vol. VII), which, however, were only the part of the array of legal norms on lands, forests and subsoil. Other volumes of the Code of Laws contained a large number of them. The norms of water and faunal law had no separate codes. Their systematization was carried out in the charters of the related branches of law. Along with this codification, a large number of separate normative nature-resource acts were issued. Not all of them were organically included in the relevant codes; they simply joined them as the official annexes. The systematization of the legislation on natural resources in the empire was not very consistent and was not always successful (Engelstein 1993: 339). Even after the most extensive imperial codification, it remained extremely fragmented. However, the demerger of certain natural resource charters from the Code of Laws as the separate codification units indicated the beginning of the formation of the land, forest and mineral law in pre-revolutionary Russia as the independent branches.

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