Suchergebnisse

The article analyzes the prospects for the possible participation of the Russian Federation in the Convention on the International order of alimony recovering and Other Forms of Family Maintenance in 2007. Identified factors contributing to the ratification of the Convention, as well as circumstances that create certain difficulties. Among the first are: universality of the Convention; compliance of many provisions of the Convention with the norms of family, civil procedural legislation and legislation on enforcement proceedings of the Russian Federation; the existence of a real mechanism that facilitates the effective alimony recovering abroad, and thereby satisfies the vital needs of needy family members. Among the factors of a “restraining nature”, some differences were noted in the provisions of the Convention and Russian legislation regarding entities entitled to alimony. In addition, Russia's accession to the Convention may require a review of national legislation on the provision of free legal aid. However, the system of reservations and declarations of amendment or cancellation of the rules provided for in the Convention allows to mitigate the constraints. As a result, it was concluded that for the Russian Federation, ratification of this Convention will have a greater effect and will solve the problem of receiving alimony from abroad.