Features of the Legal Regime of the Property of Spouses
( Pp. 92-97)

Abstract: The article examines the most problematic and controversial aspects of the legal regulation of relations between spouses. Despite the fact that the legislation regulating family relations in Russia was adopted many years ago, the process of building an optimal legal model of property relations between spouses is not over. The purpose of the presented research is to identify problematic issues in the regulation of property relations of spouses and to determine possible ways to resolve them. The content and structure of the legal institution of the spouses’ property determining its regime are investigated. The most problematic areas of marital property relations are highlighted, the regulation of which is currently insufficiently effective. The approaches used in the world law-making and law enforcement practice are investigated, the possibility of their successful application in the Russian legal field is evaluated. Conclusions are drawn about the existing legislative gaps in the regulation of many property relations of spouses. The author pays special attention to the regulation of the procedure for changing the legal regime of the spouses’ property. It is shown that in law enforcement practice, it is unreasonably allowed to change the legal regime of the property of spouses as a consequence of a number of civil law transactions involving spouses. This approach is considered by the author as not conforming to the law. Proposals have been made to improve regulatory regulation and law enforcement practice to resolve the most controversial issues of changing the legal regime with the property of spouses.

N.F., (2023), FEATURES OF THE LEGAL REGIME OF THE PROPERTY OF SPOUSES. Gaps in Russian Legislation, 3 => 92-97.

Appeal ruling of the Civil Court of the Sverdlovsk Regional Court of 16.02.2017 in case No. 33-2719/2017 (Electronic resource) - URL:https://www.consultant.ru/search/?q=appeal+determination+IC+ on+civil+cases+Sverdlovsk+regional+court+from+16.02.2017+on+case+No.33-2719%2F201.
Baranova E.I. The legal regime of the property of spouses// Bulletin of Tver State University. Series: Law. 2022. No. 1 (69). pp. 225-228.
Nevzgodina E. L. Agreement on the division of property of spouses and marriage contract // Bulletin of Omsk University. The series «Law». 2012. No. 1 (30). p. 64.
Nizamieva O.N. Development of law enforcement practice on the issue of the legal regime of marital property in contracts involving spouses// LEX RUSSICA. 2022. VOL.75, No. 8 (189). pp.130-138.
Ruzanova V.D. Legal problems arising in the division of the common property of spouses used in the implementation of entrepreneurial activity/In the book: The legal fate of business in case of divorce and inheritance. Monograph. Editors I.V. Ershova, A.N. Levushkin. Moscow, 2022. pp. 92-103.
The Family Code of the Russian Federation of 29.12.1995 N 223-FZ (ed. of 19.12.2022) (Electronic resource) - URL:https://www.consultant.ru/ document/cons_ doc_ LAW_8982/.
Solonenkova T.A. Problems of division of property of spouses burdened with a mortgage//A young scientist. 2022. No. 40 (435). pp. 139-141.
Judicial statistics of the Russian Federation (Electronic resource) – URL:https://stat.xn----7sbqk8achja.xn--p1ai/stats/gr/t/22/s/0.
Timofeeva V.V. On the issue of the division of the property of spouses in the presence of beneficial ownership//Skif. Questions of student science. 2022. No. 12 (76). p. 1.
Khabibullina A.A., Shaikhullin M.S. Topical issues of the division of property in the judicial order under the legal regime of the property of spouses/ In the collection: Innovative research: experience, problems of implementation of results and ways to solve them. Collection of articles of the National (All-Russian) scientific and practical conference with international participation. Ufa, 2022. pp. 138-142.
Chashkova S. Yu. Some issues of the legal regime of marital property in contracts concluded with the participation of spouses // Laws of Russia: experience, analysis, practice. 2013. No. 8. p. 42.
Yudkina V.V. The legal regime of marital property in Russia and Spain/In the collection: Traditions and innovations in the system of modern Russian law. Materials of the XXI International Conference of Young Scientists. In 3 volumes. Moscow, 2022. pp. 69-70.
Yakushev P. A. Legal regimes of legal property of spouses in Russia and European states: comparative legal analysis // Bulletin of the Vladimir Law Institute. 2022. No. 4(65). pp. 154-159.

property rights of spouses, legal and contractual regimes of property of spouses, acquisition of property rights, transactions without the consent of the spouse, distribution of shares in property..