THE CURRENT STATE AND PROSPECTS OF REGULATION OF DIVORCE PROCEEDINGS: RUSSIAN AND FOREIGN PRACTICE
Background. The divorce process is an important indicator of changes in society, reflecting the main trends in the cultural, legal and economic aspects of the life of the state. The article is aimed at studying the evolution of legal regulation in the USSR and modern Russia. In addition, normative l...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Science and Innovation Center Publishing House
2024-11-01
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| Series: | Russian Studies in Law and Politics |
| Subjects: | |
| Online Access: | https://lpjournal.ru/jour/index.php/rslp/article/view/196 |
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| Summary: | Background. The divorce process is an important indicator of changes in society, reflecting the main trends in the cultural, legal and economic aspects of the life of the state. The article is aimed at studying the evolution of legal regulation in the USSR and modern Russia. In addition, normative legal acts and statistical data reflecting the main aspects of divorce proceedings in the Russian Federation are studied. The author analyzes some features of the family law of foreign countries in the field of regulation of the divorce process. Based on the conducted research, the authors have developed recommendations aimed at transforming Russian family legislation.
Purpose – consider the transformation of the divorce process from the Soviet era to the present day, as well as to update information about the features of the divorce process within the framework of modern law. To develop recommendations on the modernization of family law in the Russian Federation.
Materials and methods. The article applied such methods as the historical and legal method, which tracked changes in the regulation of the divorce process from the Soviet period to the present, analytical, which allowed to study normative legal acts, comparative, through which legal norms and divorce practice in the USSR, Russia and other countries were compared. Within the framework of this study, an analysis of the main normative legal acts regulating the divorce process in Russia was carried out, including the Code of Laws on Marriage, Family and Guardianship (1926), the Code on Marriage and Family of the RSFSR (1969), the Family Code of the Russian Federation (as amended on 03.07.1995) and its latest editions, as well as statistical data from the Unified Interdepartmental Information and Statistical System (EMISS) and the Federal State Statistics Service.
Results. The results of the study show that in our country, approaches to regulating the divorce process have undergone changes. The Soviet model of regulating the divorce process reflected not only the desire of the state to strengthen family foundations, but also the desire to use marriage as an instrument of control over social processes. The adoption of the Family Code of the Russian Federation in 1995 is an important step in the transition from strict state control to a more liberal model of regulating family relations, which resulted in the simplification of divorce procedures. The conducted research allows us to trace how changes in legislation have affected the dynamics of divorces, the level of disputes over the division of property and lawsuits related to the upbringing of children. The proposed recommendations will make it possible to adapt family law to modern trends and changes taking place in society. |
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| ISSN: | 2576-9634 |