Семейное и жилищное право
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Published By "Science And Education, Ltd."

1999-477x

2021 ◽  
Vol 1 ◽  
pp. 31-34
Author(s):  
Ani S. Stepanyan ◽  

In the article, the author analyzes some issues of effective application of social protection means by single mothers upon occurrence of an insolvency (bankruptcy) risk in the modern market economy conditions related to the COVID-19 pandemic, which triggered the growth of unemployment and exposed the absence of any additional guarantees of protection of rights and legal interests of some family members. Although the government has adopted some social means of protection of the population, at least temporary protection of people (especially single mothers) against creditors’ claims has not been included. The author reviews the opportunity to implement the function of additional protection of rights and legal interests of single mothers upon occurrence of insolvency (bankruptcy) and emergency situation risks at least at the judicial practice level.


2021 ◽  
Vol 1 ◽  
pp. 15-18
Author(s):  
Sergey G. Poberezhny ◽  

In modern business activities spouses often become participants in corporate legal relations. The potential holder of corporate rights to implement the rights belonging to him, within his legal marital status is sufficiently important for both the rights holder and other members of the economic society, as it is the opportunity to use its corporate rights in their interest and is meaningful to its legal status as a subject of corporate relations and marriage. The article defines the legal limits of the implementation of the rights of spouses in corporate legal relations, and makes suggestions for improving the legislation.


2021 ◽  
Vol 1 ◽  
pp. 34-38
Author(s):  
Yuriy V. Kholodenko ◽  
◽  
Sergey S. Berdnikov ◽  

The article is devoted to the analysis of different aspects, affected changing of legal regime property by the spouses in the bankruptcy proceedings. Making a deal, involving redistribution of assets in favour of sponsible marital partner leads to a significant decrease in the bankruptcy estate. The authors examine the main ways for withdrawal of assets a debtor, who maintains a conjugal relationship, and provide legal instruments to ensure the protection of creditors.


2021 ◽  
Vol 1 ◽  
pp. 19-22
Author(s):  
Anatoliy Ya. Ryzhenkov ◽  

The article examines one of the fundamental principles of Russian family law. After analyzing the current legislation and judicial practice, the author argues that in modern Russia, there is no family discrimination based on social, racial, national, linguistic or religious affiliation, but it persists on the basis of gender, which requires adjustment of family legislation.


2021 ◽  
Vol 1 ◽  
pp. 27-30
Author(s):  
Olga Yu. Sitkova ◽  

The article analyzes the norms of international acts in the field of human rights protection concerning the right to access information. The author of the article hypothesizes that the legal mechanism, which includes measures of coordinated interaction between the family and the state, best contributes to the implementation of measures to protect children from harmful information, combined with the preservation of the child’s right to access information. Within the framework of this direction, the article reveals the legal nature of the child’s right to access information. The article analyzes the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the UN Convention on the Rights of the Child and a number of other international acts in this area. The practice of the ECHR in cases related to the right to freedom of expression has been generalized, which made it possible to determine the legal essence of this right in the context of the provisions of the main international acts on the protection of human rights


2021 ◽  
Vol 1 ◽  
pp. 45-48
Author(s):  
Valentina A. Vnukova ◽  
◽  
Sergey V. Shornikov ◽  

The issue of the legal nature of the termination of ownership rights to mismanaged residential premises, as well as the possibility of a court decision on the sale of unauthorized redeveloped or unauthorized remodeled premises in an apartment building at public auction is considered. Based on the analysis of theoretical provisions on legal liability, its public nature is justified.


2021 ◽  
Vol 1 ◽  
pp. 41-44
Author(s):  
Evgenia V. Basos ◽  

The article is devoted to the study of the characteristics of dwellings provided under a social lease agreement in turn order so that to improve the living conditions and if it is impossible to use the existing residential premises for their intended purpose. In accordance with the results of the analysis of acts of housing legislation and materials of judicial practice, the author formulated proposals for improving legal regulation in this area.


Author(s):  
Olga V. Kuptsova ◽  

The article considers the legal status of the parent as a special legal status determined by family law of the Russian Federation. Attention is drawn to the heterogeneity of the legal status of the parent and the possibility of distinguishing in it a number of independent, having their own characteristics, sub-statuses: the status of an adult and a minor parent, full and limited status of a parent, the status of a parent living together with a child, and a parent living separately from a child. The concept of parent is characterized, the need to determine it by indicating not only consanguinity, but the totality of legal facts or to establish the origin of the child. Parental rights and obligations are distinguished as elements of the family legal status of the parent, non-property and property rights, basic and derivative rights, non-property and property obligations of parents are analyzed. Given the existing approaches to determining the legal status and its structure, it is proposed to determine the family legal status of the parent. Measures are outlined to optimize the family-legal position of the parent in terms of ensuring the enforceability of the obligation to support the child and establishing the obligation to compensate for moral damage caused to the child and the other parent.


2021 ◽  
Vol 1 ◽  
pp. 11-15
Author(s):  
Anton V. Myskin ◽  

Can a husband and wife in a registered marriage enter into two or more marriage agreements with each other? What if such consistent marriage agreements do not contradict each other? What, then, should be done if the marriage contracts in question contain substantive contradictions? Could the question be raised of invalidating marriage contracts? It is the search for answers to these questions that this article is devoted to.


2021 ◽  
Vol 1 ◽  
pp. 23-26
Author(s):  
Maria V. Savelyeva ◽  

The availability of consumer credit has led to the spread of debt obligations in modern Russia. Most families during marriage manage to acquire not only assets in the form of property rights, but also liabilities in the form of debt obligations. The issue of the legal regime of such debts during marriage has been resolved by the legislator, but the fate of the spouses’ common obligations in the event of a judicial division of property remains unresolved. The article discusses the emerging approaches to the regulation of common debt obligations in the case of the division of common property of spouses.


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