Current Problems of Concluding an Agreement on the Alimony Payment for Minors in Russia

  • Yulia ARTEMYEVA Peoples' Friendship University of Russia, Law Institute, Department of Civil Law and Process and Private International Law (RUDN University), Russian Federation
  • Natalya IVANOVSKAYA Peoples' Friendship University of Russia, Law Institute, Department of Civil Law and Process and Private International Law (RUDN University), Russian Federation
  • Valentina KONCHEVA Peoples' Friendship University of Russia, Law Institute, Department of Civil Law and Process and Private International Law (RUDN University), Russian Federation
  • Elena SITKAREVA Peoples' Friendship University of Russia, Law Institute, Department of Civil Law and Process and Private International Law (RUDN University), Russian Federation

Abstract

The purpose of the manuscript is to analyze the trends and peculiarities of contractual regulation of alimony obligations concerning minors in Russia. The authors use a set of philosophical, general and special scientific methods of cognition of theoretical and empirical materials. In the course of the research, a dialectical-materialistic method was used to study the norms of family and civil law in their interrelations, interdependence, contradictions, taking into account all-roundness and objectivity in the study. In order to conduct a comprehensive study of problematic issues, general scientific methods (analysis, synthesis, deduction, induction, systemic) and private-science (comparative-legal, formal-legal, technical-legal, social modeling of the research) methods of cognition are used in the manuscript. The proposed comparative legal study allows for determining the main directions for the following: comprehensive improvement of the legal norms for the protection of the interests of the child in the process of divorcing parents, establishing the subject composition of agreements on the payment of alimony, determining the criteria for taking into account the various factors of participation in the life of the child when calculating the amount of content, developing a system of extra-judicial resolution of material welfare issues of the child during divorce, to optimize judicial practice, create a comfortable atmosphere for the development and upbringing of children.


 

References

[1] Alekseeva, O.G., L.V. Zaets, and L.M. Zvyagintseva. Commentary on the Family Code of the Russian Federation (educational and practical). Moscow: Prospekt, 2015.
[2] Chashkova, S. Yu. The system of contractual obligations in the Russian family law: The dissertation on competition for a scientific degree of the Candidate of Sciences (Law). Moscow, 2004. http://www.dissercat.com/content/sistema-dogovornykh-obyazatelstv-v-rossiiskom-semeinom-prave (accessed June 28, 2018).
[3] Davydova, O. A. Legal regulation of alimony relations in the family law of the Russian Federation: the author's abstract of the dissertation on competition for a scientific degree of the Candidate of Sciences (Law). Rostov-on-Don, 2005. http://www.dissercat.com/content/pravovoe-regulirovanie-alimentnykh-otnoshenii-v-semeinom-prave-rf (accessed June 28, 2018).
[4] Filippova, S. Yu. The instrumental approach in the science of private law. Moscow, 2013.
[5] Garfinkel, M., and M. Melli. he Use of Normative Standards in Family Law Decisions: Developing Mathematical Standards for Child Support, 24 Fam. LQ 157. 1990. https://www.audit-it.ru/news/personnel/956612.html/ (accessed June 28, 2018).
[6] Gazeta.ru. ‘Golikova claimed that about 15 million Russian citizens get the off-book payments.’ https://www.audit-it.ru/. June 12, 2018a. https://www.audit-it.ru/news/personnel/956612.html/ (accessed June 28, 2018).
[7] Gazeta.ru. ‘Russia is in the shadows: who gets trillions in envelopes.’ https://www.audit-it.ru/. February 01, 2018. https://www.audit-it.ru/news/personnel/937401.html.
[8] Kapitova, O. V. The legal nature of the mechanism of alimentation in the family law of the Russian Federation: Monograph. Moscow: Law, 2010.
[9] Morgan, L. W., and M. C. Lino. ‘A Comparison of Child Support Awards Calculated Under States' Child Support Guidelines with Expenditures on Children Calculated by the U.S. Department of Agriculture.’ Family Law Quarterly 33, no. 1 (1999): 191-218.
[10] n.a. Child Custody Information Sheet (Form FL-314-INFO). n.d.
[11] n.a. Child Support and Arrearage Guidelines regulations adopted by the commission for Child Support Guidelines pursuant to CGS §46b-215a. n.d.
[12] n.a. Child Support Guidelines: Interpretation and Application. Aspen Law and Business, 1996.
[13] Official site of Primorsky Regional Court . ‘Review of the judicial practice of the Primorsky Krai Court ‘Review of the judicial practice of the Primorsky Regional Court for the consideration of civil cases in cassation and supervisory procedure in the first half of 2010’.’ http://kraevoy.prm.sudrf.ru/. n.d. http://kraevoy.prm.sudrf.ru/ (accessed July 20, 2018).
[14] Official website of the Federal Bailiff Service. ‘Final report on the results of the Federal Bailiff Service in 2017.’ http://fssprus.ru/. 2018.
http://fssprus.ru/files/fssp/db/files/02018/itogovyj_doklad_za_2017_god_2018361451.pdf (accessed June 20, 2018).
[15] Official website of the Federal Bailiff Service. ‘Official report of the press service of the Federal Bailiff Service of the RF as of 01.06.2018. ‘Debtors on alimony are young and able-bodied’.’ http://fssprus.ru. n.d. http://fssprus.ru/news/document25838207/ (accessed June 20, 2018).
[16] Presidium of the Supreme Court of the Russian Federation. Review of judicial practice in cases involving the collection of alimony for underage children, as well as for disabled adult children. Moscow, 2015.
[17] Schlinkert, K. The Numbers Game: Why California's Child Support Formula Should Be Amended to Avoid Parental Abuse. 257. Golden Gate, 2014. http://digitalcommons.law.ggu.edu/ggulrev/vol44/iss2/7 (accessed June 11, 2018)
[18] Stoner, K. Divorce Without Court A Guide to Mediation and Collaborative Divorce. 2015.
[19] Takas, M. ‘Improving Child Support Guidelines: Can Simple Formulas Address Complex Families?’ Fam. LQ 26, no. 171 (1992): 171-194.
[20] Tarusina, N. N., A. M. Lushnikov, and M. V. Lushnikova. Social contracts in law. Monograph. Moscow: Prospekt, 2016.
[21] The Arizona Supreme Court. Arizona child support guidelines adopted by the Arizona supreme court effective July 1, 2015. 2015.
http://www.azcourts.gov/Portals/31/Child%20Support/2015CSGuidelinesRED.pdf (accessed June 20, 2018).
[22] The California Family Code. California Family Code §§ 4050-4076. n.d.
[23] The Family Court of the State of Delaware. Family Court of the State of Delaware. Instructions for child support calculations (2018-2019). n.d.
[24] The Indiana Court. Indiana Rules of Court Child Support Rules and Guidelines Adopted Effective October 1, 1989. Including Amendments Received Through January 1, 2016. 2017.
[25] The Kemerovo Regional Court. ‘Review of the Kemerovo Regional Court as of May 07, 2008, No. 01-19 / 260 on the practice of the courts of the Kemerovo region applying the Family Code of the Russian Federation in cases with the establishing paternity and cases arising from alimony’.’ http://base.garant.ru. May 07, 2008. http://base.garant.ru/7565822/ (accessed June 20, 2018).
[26] The Ministry of Justice of the Russian Federation. ‘Summary report on the Ministry of Justice of the Russian Federation. Information for 2017 on the notary in the Russian Federation.’ http://minjust.ru. n.d. http://minjust.ru/ru/2017/svedeniya-o-notariate-v-rossiyskoy-federacii (accessed June 20, 2018).
[27] The New York Court. New York Family Court Act. New York, n.d.
[28] The Russian Federation. Civil Code of the Russian Federation as of November 30, 1994, No. 51-FZ. Collection of the legislation of the Russian Federation. Moscow, 1994.
[29] The Russian Federation. Family Code of the Russian Federation as of 29.12.1995. 223-FZ. Moscow, 1995.
[30] The Russian Federation. Federal Law as of 02 October 2007 No. 229-FZ ‘On Enforcement Proceedings’. Collection of Legislation of the Russian Federation as of October 08, 2007, No. 41, Art. 4849. Moscow, 2007.
[31] The Russian Newspaper. Resolution of the Plenum of the Supreme Court of the Russian Federation as of December 26, 2017 Para. 20. of the, No. 56 ‘On the application of legislation by courts in cases involving the collection of alimony’. Moscow, 2017a.
[32] The Russian Newspaper. Resolution of the Plenum of the Supreme Court of the Russian Federation as of December 26, 2017b Para. 29 of the, No. 56 ‘On the application of legislation by courts in cases involving the collection of alimony’. Moscow, 2017b.
[33] The Russian Newspaper. Resolution of the Plenum of the Supreme Court of the Russian Federation as of October 25, 1996 No. 9. Moscow, 1996.
[34] The Statistics Service. Marriages and Divorces. The Demographic Yearbook of Russia. Statistical handbook. Moscow, 2017.
[35] The Supreme Court of the Republic of Bashkortostan. The appellate decision of the Family Code on Civil Cases of the Supreme Court of the Republic of Bashkortostan as of March 06, 2017, on the case No. 33-149/2017. 2017.
[36] The Supreme Court of the Republic of Tatarstan. The appellate decision of the Family Code on Civil Cases of the Supreme Court of the Republic of Tatarstan as of February 16, 2017a, on the case No. 33-2684/2017. 2017.
[37] The Supreme Court of the Russian Federation. Answers to questions in connection with the work of the Supreme Court of the Russian Federation on the preparation of amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation as of October 25, 1996 No. 9 ‘On the applicati. Moscow, 2015.
[38] The Texas Court. Texas Family Code. §§ 154.001 et seq. n.d. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm#154.001 (accessed June 20, 2018).
[39] United Nations. United Nations Standard Minimum Rules for the Administration of Juvenile Justice (‘The Beijing Rules’). Adopted by General Assembly resolution 40/33 of 29 November 1985. 1985. https://www.ohchr.org/Documents/ProfessionalInterest/beijingrules.pdf (accessed June 20, 2018).
[40] Usacheva, E. A. Agreement on the payment of alimony in Russian family law: the author's abstract of the dissertation on competition for a scientific degree of the Candidate of Sciences (Law). Moscow, 2017. http://www.dslib.net/civil-pravo/soglashenie-ob-uplate-alimentov-v-rossijskom-semejnom-prave.html (accessed June 20, 2018).
[41] Williams, R. Development of Guidelines for Child Support Orders: Advisory Panel Recommendations and Final Report, at II-67. US Dep't of Health and Human Services. Office of Child Support Enforcement, 1987. https://openlibrary.org/books/OL17732864M/Development_of_guidelines_for_child_support_orders (accessed June 20, 2018).
[42] Zemmelman, M. L. Building a Parenting Agreement That Works: Child Custody Agreements Step by Step. Nolo, 2014.
Published
2018-06-30
How to Cite
ARTEMYEVA, Yulia et al. Current Problems of Concluding an Agreement on the Alimony Payment for Minors in Russia. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 3(33), p. 859-869, june 2018. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/2524>. Date accessed: 19 apr. 2024. doi: https://doi.org/10.14505/jarle.v9.3(33).08.