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

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.

The best interests of the child in the project of the Family Code – a semantic analysis of the concept

The best interests of the child in the project of the Family Code – a semantic analysis of the concept ABSTRACT The aim of the article is a semantic analysis of the concept of the best interests of the child appearing in the draft of the new Family Code. The research material is a legal document, though it was analysed from an interdisciplinary perspective. The main research question was the following: what meanings constitute the content dominant of the best interests of the child concept, and which appear rarely, if there are any dilemmas, discrepancies, and critical points related to the concept of the best interests of the child. Six separate networks were created (equivalents, terms, associations, oppositions, descriptions of actions, and descriptions of actions regarding the best interests of the child), which, after being put in order created the semantic field of the concept of the best interests of the child. This way, the real meaning and clusters of associations related to the analysed concept were found. Each network is described separately. Based on the analysis –by using the semantic network – a detailed definition of the best interests of the child existing in the draft of the new Family Code was determined.

QUALIFICATION OF CONTESTED FAMILY LEGAL ACTIONS IN THE BANKRUPTCY CASE OF A CITIZEN

Ransactions and fulfillment of obligations and obligations arising in accordance with family law arethe subject of judicial challenge at the request of a financial manager acting in the interests of creditors inthe bankruptcy of a citizen. Science and the law do not consider the grounds for the invalidity of actions forthe execution of transactions. The family-legal actions of a debtor-citizen based on an agreement between spouses, parents and judicial acts on the division of common property and the recovery of alimony are subjectto challenge on the grounds provided for by the norms of the Civil Code of the law and the bankruptcy lawon the invalidity of transactions only for the convenience of law enforcement. The actions of spouses andparents to dispose of their property rights and obligations arising from family legislation are either familylaw contracts (agreements) or actions to fulfill the obligations provided for by the Family Code. The correctqualification of the debtor’s family legal actions determines the quality of law-making, understanding of theactual meaning of legal norms and the exact fulfillment of their prescriptions.

Ways of protection of interests in family law

Purpose. The purpose of the study is ways to protect the interests of family law and the need to formulate scientifically sound recommendations for improving the current legislation of Ukraine in the field of family law interests. Methodology. The technical and legal method was used in the study of ways to protect interests in family law. Scientific novelty is that the article states that the list of ways to protect family interests should go beyond the Family Code, be open, which determines the possibility of their protection in other ways not prohibited by law. The article also proves that in determining the child's place of residence, the main issue is to decide what is best for the interests of the child, and not the presumption in favor of the mother. It is argued that the essence of the principle of the best interests of the child is manifested in the priority consideration of the interests of the child in the parents, legal representatives of the child, authorities, courts and other persons to meet any of its needs (depending on age, health, gender and specifics of child development). The author proves that the principle of the best interests of the child includes the principle of the welfare of the child, and this eliminates the need to distinguish them as separate legal categories. Results. The article analyzes the problems of using methods of protection of family law interests. The author proves that the interest in family law is protected in the same ways as subjective family law. Practical significance. The results of the study can be used in lawmaking to improve legislation in the field of legal regulation of the category of interest; in the educational process - in the development of textbooks, teaching materials on the subject "Family Law of Ukraine".

Religious Conscience or Religious Freedom? The Difference between Official Constitutional Norms and Actual Legal Restrictions in Morocco, Algeria, and Tunisia

This paper will consider the extent to which two competing norms—freedom of religion, on the one hand, and Islam as the religion of the state, on the other—are in tension with each other as seen through the lens of three Muslim-majority countries in the Maghreb. I examine this potential tension in four steps: first, the transformation of meaning of the Arabic word “hurriyya” (freedom) during and after the 19th century; second, the articulation of Islam as the religion of the state in the constitutions of Morocco, Algeria, and Tunisia; third, the articulation of freedom of religion (whether freedom of worship or conscience) in the constitutional texts of these three countries, and finally, the question whether the laws and practices that implement these two constitutional norms are compatible or whether they in fact give priority to Islam as the state religion over the norm of freedom of religion. In Morocco, Algeria, and Tunisia, Islam plays an important role in the legal system, especially in family codes: the Moroccan Family Code (2004), the Algerian Family Code (2016), and the Tunisian Personal Status Code (1957). These are the remaining citadels most implicated with references to Islamic law, the interpretation of which has placed women in an unequal position.

Freedom's Sex Problem

In Third Republican Paris, newspapers' classified sections were cast as sites of sexual demoralization peopled by prostitutes, pornographers, and abortionists. Moralizing this space was no easy task: sex was discussed in code, making it hard to distinguish between legitimate and illegitimate ads—between ads for midwives and those for abortionists. Could the law read symptomatically to make the distinction? Or was it limited to surface reading? This article shows how classified texts became sites of regulatory indeterminacy, staging tensions between the regulation of “deviant” sexuality and republican ideals. It reconstructs the legal history of “immoral” advertising through decades of legislative reform and judicial equivocation, which laid the cultural and legal groundwork for the restrictive 1920 abortion law and 1939 Family Code, both of which made it possible to police the unsaid, thereby privileging the control and management of sexuality in the interest of the nation's reproductive future over democratic freedoms. Au début du vingtième siècle, l'imaginaire des petites annonces des journaux parisiens se peuplait de prostituées, de pornographes, et de faiseuses d'anges. La « quatrième page » était alors un vecteur de démoralisation. Il n'y avait pas de solution simple : les annonces étant chiffrées, il était difficile de distinguer entre l'annonce légitime et l'annonce immorale, entre l'annonce d'une sage-femme et celle d'une faiseuse d'anges. La loi, pourrait-elle trancher ? Cet article montre la manière dont les textes publicitaires sont devenus autant de lieux indéterminés qui ne sauraient être régulés, en dépit de grands efforts législatifs pour mettre les petites annonces (et les femmes et les minorités sexuelles qui y opéraient) sous contrôle. Cet article reconstitue la chronologie de cette législation, sous la rubrique des « outrages aux bonnes mœurs », de ses origines dans la loi de 1881 sur la liberté de la presse, à travers les décennies de jurisprudence ambiguë, pour arriver enfin à la loi de 1920 sur l'avortement et le Code de la Famille de 1939, qui ont pour but, tous les deux, le contrôle de la sexualité en faveur de la vigueur nationale.

Transcription factors Krüppel-like factor 4 and paired box 5 regulate the expression of the Grainyhead-like genes

Genes from the Grainyhead-like (GRHL) family code for transcription factors necessary for the development and maintenance of various epithelia. These genes are also very important in the development of many types of cancer. However, little is known about the regulation of expression of GRHL genes. Previously, there were no systematic analyses of the promoters of GRHL genes or transcription factors that bind to these promoters. Here we report that the Krüppel-like factor 4 (KLF4) and the paired box 5 factor (PAX5) bind to the regulatory regions of the GRHL genes and regulate their expression. Ectopic expression of KLF4 or PAX5 alters the expression of GRHL genes. In KLF4-overexpressing HEK293 cells, the expression of GRHL1 and GRHL3 genes was upregulated by 32% and 60%, respectively, whereas the mRNA level of GRHL2 gene was lowered by 28% when compared to the respective controls. The levels of GRHL1 and GRHL3 expression were decreased by 30% or 33% in PAX5-overexpressing HEK293 cells. The presence of minor frequency allele of single nucleotide polymorphism rs115898376 in the promoter of the GRHL1 gene affected the binding of KLF4 to this site. The evidence presented here suggests an important role of KLF4 and PAX5 in the regulation of expression of GRHL1-3 genes.

Inactivation of the entire Arabidopsis group II GH3s confers tolerance to salinity and drought

Indole-3-acetic acid (IAA) controls a plethora of developmental processes. Thus, regulation of their levels is of great relevance for plant performance. Cellular IAA concentration depends on the combined result of its transport, biosynthesis and various redundant pathways to inactivate IAA, including oxidation and conjugation. Group II members of the GRETCHEN HAGEN 3 (GH3) gene family code for acyl acid amido synthetases catalysing the conjugation of IAA to amino acids. However, the high level of functional redundancy among them has hampered thorough analysis of their roles in plant development. In this work, we generated an Arabidopsis gh3.1,2,3,4,5,6,9,17 (gh3oct) mutant to knock-out the group II GH3 pathway. The gh3oct plants had an improved root architecture, were more tolerant to osmotic stresses due to locally increased IAA levels and were more drought tolerant. IAA metabolite quantification in gh3oct plants suggested the existence of additional GH3-like enzymes in IAA metabolism. Moreover, our data suggested that oxIAA production depends, at least partly, on the GH3 pathway. Targeted stress-hormone analysis further suggested an involvement of ABA in the differential response to salinity of gh3oct plants. Taken together, our data provide new insights into the roles of group II GH3s in IAA metabolism and hormone-regulated plant development.

The concept and content of legal responsibility of spouses for failure to fulfill aliment obligations in family law

In a scientific article, the author conducted a scientific study of the concept and content of legal liability of spouses for non-performance of alimony obligations in family law. Based on the study, the author concluded that the Family Code of Ukraine does not contain a rule on the liability of the obligated spouse for failure to maintain an incapacitated spouse or a spouse in need of maintenance in connection with the upbringing of young children. From the content of Art. 196 of the Family Code of Ukraine, it is not clear whether it applies only to cases of non-performance of child support obligations, as follows from the finding of this rule in the relevant section of the Family Code of Ukraine. It is necessary to agree with the opinion expressed in the legal doctrine on the application of the provisions of Art. 196 of the Family Code of Ukraine for all alimony relations, in this regard, we propose to make appropriate changes to this article. In this case, in case of arrears due to the fault of the spouse, who is obliged to pay alimony by court decision or under the maintenance agreement, the spouse-recipient of alimony has the right to collect a penalty (penalty), and in case of late payment, due to illness or injury of the other spouse due to the payer’s fault, such payer is obliged to pay the amount of arrears at the request of the recipient of expenses, taking into account the established inflation index for the entire period of delay, as well as three percent per annum of the overdue amount. Although Art. 78 of the Family Code of Ukraine defines only three conditions of the spousal maintenance agreement: conditions, amount and terms of alimony, however, as stated in legal doctrine, such a condition as liability for non-performance of the maintenance agreement may also be determined by the parties. Unfortunately, the Family Code of Ukraine does not provide for a contractual procedure for determining alimony obligations to actual and former spouses, in this regard, in the scientific literature it is proposed to supplement the relevant provisions of Art. Art. 78 and 91 of the Family Code of Ukraine. In addition, the legislation of Ukraine in some cases provides for administrative liability for non-payment of alimony for the maintenance of one of the spouses, as well as liability in the form of one of the temporary restrictions set by the Law of Ukraine “On Enforcement Proceedings”.

Collisions Regarding еhe Participation of the Prosecutor in Civil Procedure

The author of the article describes the collisions regarding the participation of the prosecutor in the civil procedure. It is mentioned that the emergence of collisions regarding the participation of the prosecutor in the civil procedure is associated with the reform and adoption of the new civil procedure legislation, as well as the amendments to the Constitution of Ukraine. The collisions which have arisen between the Constitution of Ukraine and the Law of Ukraine “On the Prosecutor’s Office” of 2014 and the Family Code of Ukraine are described. According to the Constitution of Ukraine, the prosecutor is deprived of the function of representation of citizens, and now has the function of representing the state in the civil procedure. It is mentioned that the legislator erroneously substantiates the existence in the laws of Ukraine, which contradict the constitutional norms, of such functions of the prosecutor as the representation of citizens and protection of children’s rights by the social role of the state. The State ombudsman should perform these functions, and the state should develop the institution of the free legal aid. The author analyzes the scientific publications of the last four years and emphasizes the contradictory points in them. It is mentioned that not all scientists have consistently considered the participation of the prosecutor in the civil procedure. Today not only society but also scientists interpret the laws differently due to the shortcomings of the legislation. It is separately substantiated that the prosecutor is the official representative of the state, defending its interests in court. So the plaintiff in cases, where there is no state body that can file a lawsuit, should be the state but not the prosecutor. It is emphasized that the legislation of Ukraine regarding the participation of the prosecutor in civil proceedings has to be brought in line with the provisions of the Constitution of Ukraine. The prosecutor must perform only the functions specified in the Constitution of Ukraine. In this case, the principles of the rule of law and a democratic social state will be maintained.