SIBERIAN LAW HERALD
ISSN 2071-8136 (print)
ISSN 2071-8144 (online)

List of issues > Siberian Law Herald 2020.

Features of the Judicial Order for the Recovery of Alimony

Author(s)
Maksurov Alexey Anatolievich
Abstract
The problems of maintenance obligations and maintenance relations are considered. The features of this type of legal relationship from the perspective of the concept of legal activity are investigated. It has been established that modern domestic family law provides for two legal regimes for the payment of alimony, which are conditionally designated as voluntary (by agreement on the payment of alimony) and compulsory (in court). It is argued that, despite the personal nature of family relations at first and the significantly higher efficiency of paying alimony precisely by agreement, since this obligation is paid by the payer of voluntary support, the legislator does not give preference to the voluntary mode of paying alimony - paying alimony by agreement. The latter circumstance is confirmed by the cited results of the analysis of judicial practice in this category of cases. A significant array of cases of this category has been investigated, own classifications of individual varieties of this group of litigation have been proposed. Moreover, in a number of cases, scientifically substantiated proposals have been made on the typology of such cases and grounds. In each case, specific examples show the features of the judicial procedure for collecting alimony precisely in relation to special cases raised to type. The deficiencies of legal technology identified by the author are comprehensively analyzed. Recommendations on their elimination are given. Attention is drawn to the instability of the studied judicial practice, as well as the inconsistency of the positions of the Plenum of the Supreme Court of the Russian Federation on this category of cases.
About the Authors

Maksurov Alexey Anatolievich

Ph.D., Associate Professor, Teacher of the Department of Theory and History of State and Law FBGOU "Yaroslavl State University. P.G. Demidov»

150000, Yaroslavl, Sovetskaya St.,14? Russian Federation

e-mail: maxurov78@yandex.ru

For citation
Features of the Judicial Order for the Recovery of Alimony. Sibirskij yuridicheskij vestnik, 2020, no 1 (88), pp. 63–69. (in Russian)
Keywords
семейное правоотношение, алиментное обязательство, плательщик алиментов, получатель алиментов
UDC
34-340
References

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