Maternal capital as a type of social support for families with children: problems of law enforcement and solutions

Occupation: Leading researcher of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: The Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow

Journal name

Gosudarstvo i pravo

Edition

Issue 5

Pages

96-103

Abstract

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.

Keywords

family policy of the state, social support for families with children, maternity capital funds, children, spouses, family, family members, housing, shares, spouses’ property, common property, shared ownership, agreement, notarial form, protection of the rights of the child, property rights of the child

Received

19.01.2022

Publication date

18.05.2022

Number of characters

31623

Cite

GOST	Letova N. Maternal capital as a type of social support for families with children: problems of law enforcement and solutions // Gosudarstvo i pravo – 2022. – Issue 5 C. 96-103 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520019750-6-1 (circulation date: 05.05.2024). DOI: 10.31857/S102694520019750-6
MLA	Letova, Nataliya V "Maternal capital as a type of social support for families with children: problems of law enforcement and solutions." Gosudarstvo i pravo 5 (2022):96-103. DOI: 10.31857/S102694520019750-6
APA	Letova N. (2022). Maternal capital as a type of social support for families with children: problems of law enforcement and solutions. Gosudarstvo i pravo (5), pp.96-103 DOI: 10.31857/S102694520019750-6

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