Suchergebnisse

The purpose of the study. In this article, the author examines the issues of theory and practice related to the need to create an alimony fund in our country as one of the ways to ensure the rights of a child to receive maintenance in the form of alimony. The need to create such a fund is due to the existing problem of timely payment of alimony to children, which is a significant violation of their property rights. The participation of the State in solving such a problem will create additional guarantees for children, ensure the realization of their right to maintenance and satisfaction of basic needs. The author comes to the conclusion that the lack of proper regulatory regulation of alimony relations in the context of the development of alimony funds indicates systemic problems in law, and as a result, in practice, in solving questions about the departmental affiliation of such funds, the essence of the funds that form its content and the possibility of applying civil law institutions to such relations.

His article discusses the issues of the legal nature of the agreement on the payment of alimony, defines the procedural aspects of the consideration of cases on the recovery of alimony in the courts. Based on the analysis of legal norms, scientific doctrine and materials of judicial practice, the author came to the conclusion that the essence of the agreement on the payment of alimony is heterogeneous, the content and structure of the alimony obligation is complex, court decisions on the recovery of alimony differ in specifics. When writing the article, the following methods were used: synthesis, analysis, the method of comparative law, etc. The practical significance of the work lies in the fact that the agreement on the payment of alimony refers to a special kind of enforcement document, the presence of which allows the parties to settle their relations outside of the judicial process. At the same time, in cases when the parties go to court, the consideration of such cases is peculiar, which is due to the ambiguous legal essence of such agreements, in particular, claims for the recovery of alimony, as a rule, arise within the framework of divorce proceedings, deprivation of parental rights or in the case of establishing paternity. Such requirements are interrelated, the legal basis for combining claims is the content of procedural norms, their consideration in one judicial process eliminates the possibility of making contradictory court decisions. As a result of the research, the author determined the relationship and interdependence of the norms of family, civil and procedural type, which allows in practice to identify the specifics and additional opportunities, new ways of proper execution of court decisions on alimony.

Task. The authors of the article set themselves the task of analyzing the specifics of the agreements on the payment of alimony and the procedural features of such cases. Model. To solve such a theoretical problem, it is necessary to investigate the legal nature of child support agreements as a type of bilateral transaction. Findings. The agreements on the payment of alimony differ in their ambiguous legal nature and require proper regulation in the norms of the current legislation of the Russian Federation. The scope of the study. Limited by relations in the field of family, civil law, civil process of the Russian Federation. Practical value. The identification of the nature and specific features of agreements in the field of family relations will not only enrich the theory of family law, but also create a basis for the formation of the practice of considering cases of alimony, and formulate general measures aimed at developing effective mechanisms to protect the property interests of participants in family relations. Social consequences. Determining the specifics of family agreements will allow us to establish the relationship and interdependence of the norms of the family, civil type and norms of the civil process, which will ensure their effective interaction in practice. Originality, value. A systematic study and study of the features of alimony agreements will allow them to be separated from other types of civil law transactions, identify common problems in collecting alimony and proper fulfillment of alimony obligations that impede the proper satisfaction of the basic needs of all family members. An analysis of the norms of the legislation of the Russian Federation allows us to identify additional opportunities and new ways to properly enforce court decisions on alimony.

Task. The author of the article set himself the task of analyzing measures of state support for families with children. Model. To solve such a theoretical problem, it is necessary to investigate the social purpose of payments in relation to families with children, to study the types of such measures, to assess their consequences for solving the problems of demography. Conclusions. The system of measures of social support for families with children has an impact on the solution of another broader task - the fight against poverty of the population of our country. The scope of the study. Limited by relations in the field of family law and social security of the Russian Federation. Practical value. Identification of the problems and reasons for getting the family into a crisis situation will allow us to formulate general measures aimed at developing effective mechanisms to protect families with children. Social consequences. Determining the purpose of measures to support families with children, analyzing certain types of assistance will help to determine the relationship and interdependence of social and family norms, the effective interaction of which will ensure the basic needs of each family. Originality, value. A systematic study and investigation of the reasons that provoke a family to get into a crisis situation, identifying common problems that impede the proper satisfaction of the basic needs of all family members, will allow us to formulate common approaches in the formation of additional measures to support families with children. An analysis of the laws of the Russian Federation allows us to identify additional opportunities and new ways to protect families with children.