Suchergebnisse

In the article, the author considers the features of the legal personality of children due to their participation in relations of a diversified type (civil, family, procedural, labor), reveals the features of their legal capacity and capacity, presents the relationship between the subjective rights of the child and the specifics of his intersectoral relations arising in connection with his participation in a variety of relationships. The article formulates a conclusion about the need to take into account in the process of legal regulation of relations with the participation of children precisely the norms of a sectoral type, since they determine not only the content of his special legal capacity, but also allow specifying the meaning of the individual criteria of the child (age, gender, health status, social status and etc.) in the content of its legal personality.

The article examines the trends in the development of social, including family, state policy at the present stage, taking into account the analysis of the novelties of the Constitution of the Russian Federation. Special attention Special attention is paid to the family, the institution of marriage based on traditional family values, children, ensuring the priority protection of their rights. The author reveals the features of providing social assistance to families with children, taking into account the development of legislation and the preservation of the historical heritage in the relevant norms on the protection of motherhood and childhood. The conclusion about influence of the legal status of the family, children on the order of measures of social assistance and support provided to them, determined depending on certain conditions and criteria, is substantiated, the fundamental importance of theoretical research on morality and ethics, their essential influence on the content of the law, on the formation of family politics and the spiritual basis of society and the state

In the article, the author presents the differences between categories "agreement" and "contract", analyzes their features of application in the field of family relations, criteria are defined for their differences in Civil and Family Law. The author proves the backbone relationship between the grounds for the emergence of agreements, contracts and their content in the field of family relations, determines their essence, concludes that there is a certain "mixture" of these categories in the norms of the Family Code of the Russian Federation. The article substantiates that it is unacceptable to consider "agreement" and "contracts" as identical categories, since this leads not only to their incorrect application in practice in the regulation of family relations, but also does not allow them to be differentiated from contracts used in the field of civil relations. Such a theoretical "gap" leads to the impossibility of a clear distinction between transactions under Family and Civil Law.

The article discusses the problematic aspects of the realization of the child's right to housing, which was acquired at the expense of the maternity capital. The author examines the issues arising in practice in connection with the obligation of parents to conclude agreements on determining the shares in the right to housing, analyzes the main difficulties associated with its conclusion, determining its legal essence, presents the main approaches to determining the shares of the parties to the agreement. The author substantiates the need to allocate the housing status of a child, proves that its content is formed, among other things, by the norms of a special law on maternity capital, and suggests ways to protect the housing rights of a child in case of acquisition of housing by means of maternity capital

In this article examines the problems of theory and practice associated with the implementation of the bankruptcy procedure of spouses, outlines trends in the consideration of such cases by courts, identifies the problems of determining the jurisdiction of such cases, outlines general trends in the development of bankruptcy legislation, identifies the prospects for its development, suggests ways to improve bankruptcy one or both spouses (former spouses).

In this article explores questions about the prerequisites, causes and essence of such a social phenomenon as violence. Special attention is paid to the problems of family violence, a conclusion is made about its devastating consequences, which are most acute in relation to the unprotected category of family members - children. The author proposes measures and ways to combat the manifestation of domestic violence, systematizes the types, forms, prerequisites and consequences of domestic violence, and proves that only an integrated approach will ensure the protection of victims of violence. The article concludes that it is necessary to actively apply in practice to combat violence preventive measures and measures aimed at the subsequent rehabilitation of family members, their further socialization and adaptation in society

In the article, the author considers theoretical and practical issues that arise in connection with the definition of the nature and purpose of maternity capital funds in the case of a family with children acquiring housing. Particular attention is paid to the legal nature of the parents' agreement on determining the shares of children in the right to housing, the specifics of maternity capital funds are taken into account, it is determined that they do not form the content of the common joint property of the spouses, different approaches to determining the size of the shares of spouses and children in the housing are systematized, for the acquisition of which the funds of maternity capital were directed. The author formulates a conclusion about the ambiguous nature of the obligation of parents, about the absence in the legislation of the minimum size of the child's share and criteria for its determination, about the problems of allocating such shares in the event of dissolution of the parents' marriage or in case of inheritance of the share, about the need for systemic changes in the norms aimed at regulating relations in connection with the use of maternity capital.