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1 – 4 of 4Aleksey Anisimov, Elena Eltanskaya and Agnessa O. Inshakova
The purpose of this article is to classify and study the features of the types of non-standard marriages existing in Russia (de facto, sham, same-sex marriages), in order to…
Abstract
Purpose
The purpose of this article is to classify and study the features of the types of non-standard marriages existing in Russia (de facto, sham, same-sex marriages), in order to adjust their legal regulation by the state.
Design/methodology/approach
The authors of the article examined the theoretical and practical problems of state recognition and regulation of non-standard marriages not recognized by the state, and justified a new strategy of support (in the case of de facto marriages) or counteraction (in the case of sham marriages) of these social phenomena by the state and law. In the light of the negative attitude of Russian citizens to same-sex marriages, the possibility of their support in the future is justified.
Findings
Having studied three types of non-standard marriages, the authors substantiate the need for a different approach of the state to further legal regulation of these social phenomena. It is proved, that in relation to same-sex marriages, the existing non-recognition and negative attitude of the legislator and society in Russia to their legalization will last until the attitude towards sexual minorities in general, changes in Russian society. De facto marriages should be introduced into the legal field, they should be given a normative definition and outline the general legal framework of the rights of de facto spouses and their children. As for sham marriages, it is proposed to consider the lack of intention to create a family and the selfish interest to be their main features pursued by one or both spouses entering into a sham marriage.
Originality/value
The originality and value of the research is stipulated by the consideration of the legal regulation of marriage and family issues in the historical context of the development of the Russian state, as well as the evolution of ideas about morality in Russian society. The changing attitude of society towards de facto marriages, the increase in the number of unregistered married couples indicates the transformation of the moral values of young people and the need for the state to promote the legal protection of such married couples without trying to prohibit or restrict them. Existing approaches to the legal regulation of sham marriages require adjustments, including incorporating the notion of “fictitious divorce” in family legislation.
Aleksey Anisimov, Anatoliy Ryzhenkov and Elena Menis
This study aims to clarify the scope of the legal procedure of the acquisitive prescription in Russia.
Abstract
Purpose
This study aims to clarify the scope of the legal procedure of the acquisitive prescription in Russia.
Design/methodology/approach
Dialectical method, historical method and system analysis method have been used.
Findings
The authors consistently prove the inadmissibility of applying acquisitive prescription to land plots in private, state or municipal ownership. One of the features of Russia as an emerging market economy is that, the major part of state lands is in so-called “non-delineated state ownership.” Plots included in such lands are not registered in the cadaster or transferred to particular public owners. That is why, the authors prove that the procedure of acquisitive prescription must be applied only in relation to land plots that are in non-delineated state ownership and have been occupied by citizens and legal entities for 15 years.
Originality/value
The authors propose new guarantees of the rights of private and public land owners. Clarification of the scope of the acquisitive prescription procedure will streamline the turnover of real estate in Russia.
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Aleksey Pavlovich Anisimov, Buynta Injieva and Anatoliy Ryzhenkov
The purpose of this study is to formulate a proposal to fill the gap in national legislation, which will increase the effectiveness of mandatory environmental insurance.
Abstract
Purpose
The purpose of this study is to formulate a proposal to fill the gap in national legislation, which will increase the effectiveness of mandatory environmental insurance.
Design/methodology/approach
This is a review of scientific doctrine and legislation, which shows the problems and prospects for the development of mandatory environmental insurance on the example of one country.
Findings
At the moment, environmental insurance in Russia is at the very beginning of its development. Despite the experiments carried out and fragmentary references in the law, there is a classic example of a gap in the law, when the procedure provided for by the norms of law lacks a clear implementation mechanism. To fill this gap and increase the effectiveness of environmental insurance, the authors propose to clearly localize the scope of its operation, fixing the obligation of environmental insurance only for objects that have a significant or moderate negative impact on the environment (objects of categories I and II), provided for by the Federal Law “On mandatory Environmental Protection.”
Originality/value
A new concept of a mandatory environmental insurance contract is substantiated, which optimizes civil liability for causing harm to the environment, life, health and property of citizens (property of legal entities) as a result of accidents and man-made disasters.
Details
Keywords
Aleksey Pavlovich Anisimov and Anatoliy Jakovlevich Ryzhenkov
This paper aims to substantiate the existence of the form of ownership of natural resources (land) in the Russian law, unknown to European legal systems.
Abstract
Purpose
This paper aims to substantiate the existence of the form of ownership of natural resources (land) in the Russian law, unknown to European legal systems.
Design/methodology/approach
Dialectical method, historical method and system analysis method have been used.
Findings
The conducted research allows drawing a conclusion that non-delineated state form of ownership of land plots is a unique legal phenomenon caused by the specificity of the transition period of Russia from a totally state economy to a market economy. This inevitably leads to emergence of legal structures unknown to European systems of law and order. This issue has not only a theoretical but also practical nature.
Originality/value
Studies of this problem have never been conducted, neither in Russia nor in European legal science.