Russian Federation
The author analyzes topical issues of ensuring the property interests of children and the interests of the spouse that deserve attention in the context of changing approaches to understanding marital property, coordinating mechanisms for their regulation by the norms of civil and family law. It is noted that there is no conceptually unified understanding of the property status of the child in the family, the legal nature of his right to use the property of his parents, which, with isolated consideration and resolution of alimony cases and the division of joint property of spouses, leaves the property interests of common children without consideration. It is proposed to establish a different approach to the justification by the court of the possibility of derogation from the principle of equality of the spouses’ shares, as well as in family legislation to establish the possibility of an agreement on payment of compensation for the share of the allocated spouse, taking into account the child’s housing rights and the amount of alimony obligations, family income or suspension of the division of jointly acquired property, ensuring the property interests of the child, until his majority.
property interests of children, noteworthy interests of the spouse, joint property of spouses, alimony obligations, equality of shares
1. Cherepakhin B. B. On the issue of private and public law. Moskow, 1994. (In Russ.)
2. Egorov A. V. Joint property of spouses: at a crossroads. Civil law of the social state: collection of articles dedicated to the 90th anniversary of the birth of Professor A. L. Makovsky (1930-2020) / A. G. Arkhipova, A. V. Asoskov, V. V. Bezbakh, etc.; ed. by V. V. Vitryansky, E. A. Sukhanov. Moscow: Statute Publ., 2020. 480 p. (In Russ.)
3. On the application of legislation by courts when considering cases of divorce Item 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation no. 15 of November 5, 1998 (ed. of February 6, 2007). Rossiyskaya Gazeta, 1998, November, no. 219. (In Russ.)
4. On Amendments to Certain Legislative Acts of the Russian Federation: draft federal law no. 835938-7. URL: https://sozd.duma.gov.ru/bill/835938-7 (accessed 13.08.2022). (In Russ.)
5. Krasheninnikov P., Mikheeva L., Rasskazova N., Petrov E., Arkhipov D., Fedorova O., Aleynikova V., Dergunova V. Reform of marital property regime. Law, 2019, no. 12. (In Russ.)
6. On Amendments to the Family Code of the Russian Federation and Certain Legislative Acts of the Russian Federation: federal law no. 310-FZ of July 14, 2022. URL: http://pravo.gov.ru/ (accessed 13.08.2022). (In Russ.)
7. Novikova I. I. Actual problems of protection of property rights of minors. Notary, 2020, no. 6. (In Russ.)
8. Bykodorova A. F., Minina A. A., Bogatyreva A. T. Protection of the interests of minor children in the division of common property of spouses. Family and housing law, 2020, no. 6. (In Russ.)
9. The Family Code of the Russian Federation no. 223-FZ of December 29, 1995 (as amended of August 4, 2022) (with amendments and additions, intro in force from September 1, 2022). Collection of legislative acts of the RF, 1996, no. 1, art. 16. (In Russ.)
10. On the application of legislation by courts when considering cases of divorce: item 17 resolution of the Plenum of the Supreme Court of the Russian Federation no. 15 of November, 5, 1998 (ed. of February 6, 2007). Rossiyskaya Gazeta, 1998, November, no. 219. (In Russ.)
11. Slepakova A. V. Legal relations of property of spouses. Moskow: Statute Publ., 2005. 444 p. (In Russ.)
12. The ruling of the Judicial Board for Administrative Cases of the Supreme Court of the Russian Federation no. 58-KG 17-19 of March 2, 2018. Access from the reference legal system “ConsultantPlus” (accessed 13.08.2022). (In Russ.)
13. Definition of the Judicial Board for civil cases of the Supreme Court of the Russian Federation no. 41-KG15-11 of July 14, 2015. Access from the reference legal system “ConsultantPlus” (accessed 13.08.2022). (In Russ.)
14. Pershina I. V. Statute of limitations as a means of protecting the rights and legitimate interests of participants in family disputes. The Fourth Congress of civil law enforcement officers: materials of the All-Russian scientific and practical conference with international participation: collection of articles. Moscow, 2022. Pp. 318-328. (In Russ.)
15. On refusal to accept for consideration the complaint of citizen Tikhonova Natalia Alexandrovna for violation of her constitutional rights by the provisions of paragraph 1 of Article 81 and paragraph 2 of paragraph 2 of Article 107 of the Family Code of the Russian Federation: the ruling of the Constitutional Court of the Russian Federation no. 1033-O-O of November 20, 2008. Access from the reference legal system “ConsultantPlus” (accessed 13.08.2022). (In Russ.)
