Main directions of modernization of the legal institute of alimentation

Publication type Article
Status Published
Occupation: Associate Professor of the Department of Family und Housing Law, Kutafin Moscow State Law University (MSAL)
Affiliation: Kutafin Moscow State Law University (MSAL)
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 11

This article identifies and analyzes the main directions of modernization of the legal institution of alimony, due to changes in social reality. The current legislation proceeds from the need to strengthen the social institution of the family, but does not always take into account modern trends in the life of society, which to a certain extent hinders the guaranteed implementation of alimony rights and their effective protection. The author examines giving the institution of alimony new optional goals due to the strengthening of intersectoral interaction of family and other branches of law and notes the penetration of public law goals into the private sphere of family life. The author’s fears are caused by the tendency to increase the potential of civil law principles in the regulation of alimony relations, which is formed in law enforcement practice, which prevents the proper provision of priority protection of the rights and interests of minors and disabled family members. The author pays special attention to the problem of shifting emphasis in ensuring a fair balance of participants in family and other relations, which allows summarizing the transformation of the legislative concept “priority interests of the recipient of alimony - interests of the alimony payer” into the triad developed at the law enforcement level “interests of the recipient of alimony - interests of the payer of alimony - interests of third parties persons ”, which, however, is not always balanced due to non-compliance with the criterion of reasonable sufficiency of the needs of the recipient of alimony. An analysis of the features of ensuring the gender balance of the parties to the alimony relationship allows us to come to the conclusion that at the law enforcement level, at the law enforcement level, unjustified legislative restrictions on the alimony rights of husbands (ex-husbands) caring for a child under three years of age have been successfully overcome.

Keywordsalimony obligations, balance of interests, gender balance, Civil Law, intersectoral relations, minors and disabled family members, Family Law, family legal relations, agreement on the payment of alimony, transformation of law
AcknowledgmentThe research was carried out within the framework of the state task No. 075-00998-21-00 dated 22.12.2020. Topic number: FSMW-2020-0030 “Transformation of Russian law in the face of big challenges: theoretical and applied foundations”.
Publication date29.11.2022
Number of characters18527
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